TNAG-2876-FCO40-4148-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 80

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

- 5

(xxvii)

an attempt.

commit.,

or

participation

surrender

Agreement.

incitement or conspiracy to

any assistance or other

in.

which

any offence for

may be granted under

this

(2)

for

Where surrender of a fugitive offender is requested

the

purpose of carrying out a sentence, a further

requirement shall be that a period of imprisonment or detention

of at least six months remains to be served.

(3)

For the purpose of this Article. in determining

whether an offence is an offence against the law of the

requested Party, the conduct of the person shall be examined by

reference to the totality of the acts or omissions alleged

against the person without reference to the elements of the

offence prescribed by the law of the requesting Party.

(4)

an

For the purposes of paragraph (1) of this Article,

offence shall be an offence according 1.0 the laws of both

Parties if the conduct constituting the offence was an offence

in the requesting Party at the time it was committed and an

offence in the requested Party at

time the request for

surrender is received.

the

The

refuse the

ARTICLE 3

Surrender of Nationals

Government

long Kona

reserves the right to

surrender of nationals of the state whose Government

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