TNAG-2876-FCO40-4148-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 31

(XXV)

4

facilitating or permitting the escape of a

person from custody

(xxvi)

smuggling

(xxvii)

arranging,

for financial gain, the illegal

entry of persons into the jurisdiction of the

requesting Party

(xxviii) offences for which fugitive offenders may be

surrendered under international conventions

binding on the Parties, and offences created

as a result

organisations

Parties

of decisions of international

which are binding on the

(2)

for

the

(xxix)

(xxx)

Where

conspiracy to

commit, or acts preparatory to

the commission

of, 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

Parties.

surrender of a

purpose of

requirement 'shall

carrying

fugitive offender is requested

out out a sentence, a further

be that, in the case of a period of

imprisonment or detention, at least six months remain to be

served.

(3)

In determining whether an offence is an offence

punishable under the laws of both Parties, it shall not matter

whether, under the laws of the Parties, the constituent elements

of the offence differ, it being understood that the totality of the acts or omissions as presented by the requesting Party shall

be taken into account.

(4)

Where

the surrender of a fugitive

requested for the purpose of carrying out a

offender is

sentence

the