TNAG-2876-FCO40-4148-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 83

8

(2)

The surrender

this Agreement may be

Party that:

of any person sought under the terms of

refused if it appears to the requested

of the trivial nature of the offence

the

is accused or was

person

(a)

by reason

of

which

convicted;

or

(b)

(c)

by reason of the passage of time since the

is alleged to have committed it or has

unlawfully at large as the case may be;

person

become

or

because

the accusation against the person is not

made in good faith in the interests of justice;

or

(d) because there exist valid humanitarian grounds,

it would, having regard to all the circumstances, be unjust or

oppressive to return the person.

(3)

The requested Party may refuse surrender where the

person sought has been finally acquitted or convicted in a third

jurisdiction for the same offence for which surrender is

requested and, if convicted, the sentence imposed has been fully

enforced or is no longer enforceable.

ARTICLE 7

Postponed Surrender

If the person sought is being proceeded against or is