TNAG-2876-FCO40-4148-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 33

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or has

reason provided for under the law of from prosecution or punishment for the

become, for any

either Party, immune

offence for which his surrender has been requested.

ARTICLE 6

(1)

A fugitive offender shall not be surrendered if the requested Party considers that the offence of which that person is accused or was convicted is an offence of a political

character.

(2)

A fugitive offender shall not be surrendered if the

requested Party has substantial grounds for believing:

1

(a)

that

(b)

purporting

the request for his return (though

to be made on account of an offence

for which surrender may be granted) is in fact

made for the purpose of prosecuting or punishing

him on account of his race, religion,

nationality or political opinions; or

that he might, if returned, be prejudiced at his trial or punished, detained or restricted in his

personal liberty by reason of his race,

religion, nationality or political opinions.

ARTICLE 7

The surrender of a fugitive offender may also be

refused if the requested Party considers that:

(a)

the offence is, having regard to all the

circumstances,

not sufficiently

warrant the surrender:

or

serious to