TNAG-2875-FCO40-4147-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 35

(b) that

the

purporting

- 7 -

request

for surrender

(though

to be made on account of an offence

made for

the

punishment on

purpose

for which surrender may be granted) is in fact

of prosecution or

account. of race, religion,

nationality or political opinions; or

(c)

that

the

person might.

if returned, be

(2)

convicted

A

or

prejudiced at that person's trial or punished,

detained or restricted in his or her personal

liberty by reason of race, religion, nationality

or political opinions.

fugitive

pardoned

has been set

offender who has been finally acquitted,

or whose prosecution is barred or whose

aside under the law of the requesting or

requested Party for any offence set out in the request shall not

be surrendered for that offence.

conviction

ARTICLE 6

Discretionary Refusal to Surrender

(1)

The

offender for an

been committed

requested Party may refuse to surrender a fugitive

offence which is regarded by its law as having

within the jurisdiction of its courts. If the

requested Party SO refuses, the requesting Party may request

the case be submitted to its competent authorities in order

that proceedings for prosecution may be considered.

that