TNAG-2875-FCO40-4147-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 66

8

(2)

of

(1), an offence of a

offence in respect of

For the purposes

paragraph political character does not include any

which both Parties have an obligation in accordance with a multilateral agreement either to surrender the person sought or to submit the case to their competent authorities for decision as to prosecution.

(3)

Surrender for an offence shall be refused if the person whose surrender is sought cannot under the law of either Party be prosecuted or punished for that offence.

ARTICLE 7

DISCRETIONARY REFUSAL OF SURRENDER

Surrender may be refused if the requested Party considers that:

(a)

the offence is, having regard to all the circumstances, not sufficiently serious to warrant the surrender;

(b)

which

there has been excessive delay, for reasons

cannot be imputed to the person sought, in bringing charges, in bringing the case to trial or in making the

person serve his or her sentence or the remainder thereof;

(c)

the offence for which surrender is sought was committed within the jurisdiction of its courts;

(d)

the surrender might place that Party in breach of its obligations under international treaties; or

(e)

in the circumstances of the case, the surrender would

be incompatible with humanitarian considerations

in

view

of the age, health or other personal circumstances of the person sought.