TNAG-2876-FCO40-4148-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 91

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

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16.

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(ii) which have

sought. 35

in

that

been

acquired by the person

a result of the offence and are

person's possession

or are

(2)

the

the

(b)

The

discovered subsequently.

may. if the articles in question are liable to

seizure or confiscation within the jurisdiction

of the requested Party in connection with

pending proceedings, temporarily retain them or

hand them over on condition they are returned.

provisions of paragraph (1) shall not prejudice

rights of the requested Party or of any person other than

person sought. When such rights exist the articles shall on

request be returned to the requested Party without charge as

soon as practicable after the end of the proceedinas.

(3)

Party

The articles

in

question shall, if the requesting

SO

requests, be surrendered

to that Party even if the

surrender cannot be carried out due to the death or escape of

the person sought.

ARTICLE 17

Rule of Specialty

(1)

A fugitive offender who has been surrendered shall not

be proceeded against, sentenced or detained with a view to the

sentence for any offence committed prior to

carrying out of a

surrender other than:

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