TNAG-2875-FCO40-4147-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 38

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(3)

be

If the request relates to an accused person it shall

supported by a copy of the warrant of arrest issued by a

judge, magistrate or other competent authority of the requesting

Party and by such evidence as, according to the law of the

requested Party, would justify committal for trial if the

offence had been committed within the jurisdiction of the

requested Party. Such evidence may include originals or copies

of statements or depositions, whether taken in the jurisdiction

of the requesting Party or elsewhere, purporting to have been

taken on oath or affirmation together with any exhibits referred

to therein.

(4)

If the request relates to a person already convicted,

it shall be supported by a certificate of conviction and:

(a) if the

person has not been sentenced, a

certificate or statement to that effect by the

appropriate court and a copy of the warrant of

arrest; or

(b)

or

if the person has been sentenced, a certificate

statement that the sentence is enforceable

and indicating how much of the

still to be served.

sentence has

(5)

admitted in

Documents supporting a request for surrender shall be

evidence as proof of the facts contained therein if

Documents are duly authenticated if they

duly

authenticated.

purport to be:

(a)

signed or certified by a judge, magistrate or an

official of the requesting Party; and

(b)

sealed with the official seal

authority of the requesting Party.

of a competent