TNAG-2876-FCO40-4148-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 15

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ARTICLE 3

SURRENDER OF NATIONALS

(1)

The Government of Australia

refuse the

surrender of its nationals.

reserves the right to

The Government of long

Kong reserves the right to refuse the surrender of nationals of

the state whose Government is responsible for its foreign

affairs.

(2)

Where the requested Farty exercises this right, the requesting Party may request that the case be submitted to the competent authorities of the requested Party in order that proceedings for prosecution of the person may be considered.

ARTICLE 4

DEATH PENALTY

If the offence for which surrender is requested under this

Agreement is punishable according to the law of the requesting

Farty with the death penalty, and if in respect of such an

offence the death penalty is not provided for by the law of the

requested Party or is not normally carried out, surrender may be

refused unless the requesting Party gives such assurances as the

requested Party considers sufficient that this penalty will not be imposed or if imposed will not be carried out.

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