TNAG-2876-FCO40-4148-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 81

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is

llong

responsible for its foreign affairs. Where the Government of

Kong exercises this right. the Government of Canada may

request that the case be submitted to the competent authorities

of Hong Kong in order that proceedings for prosecution of the

person may be considered.

ARTICLE 4

Death Penalty

offender

is

If the offence for which surrender of a fugitive

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 gives such assurances as the requested Party

considers sufficient that a sentence of death will not be

imposed or, if imposed, will not be carried out.

ARTICLE 5

Mandatory Refusal to Surrender

(1)

A fugitive offender shall not be surrendered if the

requested Party has substantial grounds for believing:

(a)

that the offence of which that person is accused

or was convicted

an offence of a political

is

character: