TNAG-2875-FCO40-4147-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 44

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

16

(2)

the

(b)

The

(ii) which have

been

acquired by the person

sought. as a result of the offence and are

in

that person's possession or

discovered subsequently.

are

may. if the articles in question are liable to

seizure or

of

the

confiscation within the jurisdiction

in

requested Party

connection with

pending proceedings, temporarily retain them or

hand them over on condition they are returned.

provisions of paragraph (1) shall not prejudice

rights of the requested Party or of any person other than

person sought. When such rights exist the articles shall on

request be returned to the requested Party without charge as

soon as practicable after the end of the proceedings.

the

(3)

Party

The articles

in

question

to

SO requests, be surrendered

shall, if the requesting

that Party even if the

surrender cannot be carried out due to the death or escape of

the person sought.

ARTICLE 17

Rule of Specialty

(1)

be

A fugitive offender who has been surrendered shall not

proceeded against, sentenced or detained with a view to the

carrying out of а sentence for any offence committed prior to

surrender other than:

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