TNAG-2886-FCO40-4158-Hong-Kong-localisation-of-laws-prevention-of-terrorism-tak-1993 — Page 25

1985 Ed.]

Extradition (Taking of Hostages)

[App. III

CM 5

C

C

ARTICLE 7

The State Party where the alleged offender is prosecuted shall in accordance with its laws communicate the final outcome of the proceedings to the Secretary- General of the United Nations, who shall transmit the information to the other States concerned and the international intergovernmental organizations concerned.

1.

ARTICLE 8

The State Party in the territory of which the alleged offender is found shall, it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a grave nature under the law of that State.

2. Any person regarding whom proceedings are being carried out in connexion with any of the offences set forth in article I shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided by the law of the State in the territory of which he is present.

ARTICLE 9

1. A request for the extradition of an alleged offender. pursuant to this Convention, shall not be granted if the requested State Party has substantial grounds for believing:

(a) that the request for extradition for an offence set forth in article 1 has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality, ethnic origin or political opinion; or

(b) that the person's position may be prejudiced:

(i) for any of the reasons mentioned in sub-paragraph (a) of this

paragraph, or

(ii) for the reason that communication with him by the appropriate authorities of the State entitled to exercise rights of protection cannot be effected.

2. With respect to the offences as defined in this Convention, the provisions of all extradition treaties and arrangements applicable between States Parties are modified as between States Parties to the extent that they are incompatible with this Convention.

C

1.

ARTICLE 10

The offences set forth in article 1 shall be deemed to be included as extradit- able offences in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, the requested State may at its option consider this Convention as the legal basis for extradition in respect of the offences set forth in article 1. Extradition shall be subject to the other conditions provided by the law of the re- quested State.

3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences set forth in article I as extraditable offences between themselves subject to the conditions provided by the law of the requested State.

4.

The offences set forth in article I shall be treated. for the purpose of extradi- tion between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with paragraph I of article 5.

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