TNAG-2875-FCO40-4147-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 33

1

5

(xxvii)

an attempt.

commit.

participation

surrender

or

in.

incitement or conspiracy to

any assistance or other

ny offence for which

may be granted under

this

Agreement.

(2)

for

the

Where

purpose

surrender of a fugitive offender is requested

of carrying out a sentence, a further

requirement shall be that a period of imprisonment or detention

of at least six months remains to be served.

For

(3)

the purpose of this Article, in determining

whether an offence is an offence against the law of the

requested Party, the conduct of the person shall be examined by

reference to the totality of the acts or omissions alleged

against the person without reference to the elements of the

offence prescribed by the law of the requesting Party.

(4)

offence

Parties

For the

shall be

purposes of paragraph (1) of this Article, an

an offence according to the laws of both

if the conduct constituting the offence was an offence

requesting Party at the time it was committed and an

offence in the requested Party at the time the request for

surrender is received.

in the

The

refuse the

ARTICLE 3

Surrender of Nationals

Government of Hong

Kong

reserves the right to

surrender of nationals of the state whose Government

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