TNAG-2876-FCO40-4148-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 32

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requested Party

may

the conviction was

opportunity to have

case he shall be

Agreement.

refuse to surrender him if it appears that obtained in his absence, unless he has the his case retried in his presence, in which

considered as an accused person under this

ARTICLE 3

The Government

of the Kingdom

of

the Netherlands

reserves the right to refuse the surrender of its nationals. The Government of Hong Kong reserves the right to refuse the

surrender of nationals of the State whose Government responsible for its foreign affairs.

is

ARTICLE 4

If the offence for which surrender of a fugitive offender is

requested under this Agreement is punishable according to the law of the requesting Party 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

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.

ARTICLE 5

(1)

The requested Party may refuse to surrender a fugitive offender for an offence which is regarded by its law as having been committed within the jurisdiction of its courts.

(2)

A fugitive offender shall not be surrendered if he is