TNAG-2875-FCO40-4147-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 63

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

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(2)

(xxix) offences relating to the possession

laundering of proceeds obtained from

(xxx)

(xxxi)

Where

or

the

commission of

any offence for which surrender

may be granted under this Agreement;

before or

aiding, abetting, counselling or procuring the

commission of, inciting, being an accessory after the fact to, or attempting or

conspiring to commit any offence for which surrender may be granted under this Agreement;

any other offences for which surrender may be

granted in accordance with the laws of both

Farties.

surrender is requested for the purpose of

carrying out a sentence, a further requirement shall be that in

the case of a period of imprisonment or detention at least six

months remain to be served.

(3)

For the purposes of this Article, in determining whether an offence is an offence punishable under the laws of both Parties the totality of

of the acts or omissions alleged against the person whose surrender is sought shall be taken into

account without reference to the elements of the offence

prescribed by the law of the requesting Party.

(4)

For the purposes of paragraph (1) of this Article, an

offence shall be an offence according to the laws of both

Parties if the conduct constituting the offence was an offence

against the law

of the requesting Party at the time it was committed and an offence against the law of the requested Party

at the time the request for surrender is received.

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