TNAG-2876-FCO40-4148-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 55

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

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ARTICLE 5

TEMPORARY AND DEFERRED SURRENDER

(1) If the request for surrender is made in respect of

a person who is serving a sentence in accordance with

the laws of the requested Party, that Party may

temporarily surrender such person to the requesting

Party for the purpose of prosecution.

(2) If the request for surrender is made in respect of

a person who is being proceeded against by the requested

Party, the requested Party

(a) shall proceed with

with the proceedings for

surrender after the prosecution against such

person

has been concluded and

he is

acquitted; or

(b)

may,

if such

is person

convicted

and

U

(3)

sentenced to imprisonment proceed with the

proceedings for surrender and upon his

committal, temporarily surrender that person

to the requesting Party for the purpose of

prosecution.

Where a person is temporarily surrendered, he

shall be kept in custody by the requesting Party and be

returned to the requested Party after the conclusion of

the proceedings against him, in accordance with

conditions to be determined by agreement of the Parties.

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