TNAG-2876-FCO40-4148-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 39

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

12

Article,

if the requesting

Party does not take custody of the person on the date agreed bv the two Parties, he shall be released on the expiry of thirty days thereafter or such lesser period as is provided by the law of the requested Party. The requested Party may subsequently refuse to surrender him for the

same offence.

(5)

from

If circumstances beyond its control prevent a Party surrendering or taking over the person as agreed,

as agreed, it shall notify the other Party.

In that case, the two Parties shall

agree a new date for the surrender, and the provisions of paragraph (4) of this Article shall apply.

ARTICLE 15

(1)

When a request for surrender of a fugitive offender is

granted the requested Party shall, at the request of the requesting Party and so far as its law allows, hand over to the requesting Party all articles, including sums of money, found within its jurisdiction:

(a)

which may serve as proof of the offence; or

(2)

(b)

which have

+

offender as

been acquired by the

fugitive

a result of the offence and are in

his possession or discovered subsequently.

If

the

confiscation

may,

articles in question are liable to seizure or within the jurisdiction of the requested Party, it

in connection with pending proceedings, retain them or hand them over on condition they are returned without charge. This provision shall not prejudice the rights of the requested Party or of any person other than the fugitive offender.

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