TNAG-2901-FCO40-4175-Extradition-agreements-between-Hong-Kong-and-the-UK-after-19-1993 — Page 105

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

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ARTICLE 5

BASIS FOR SURRENDER

A person shall be surrendered only if the evidence be found sufficient according to the law of the requested Party either to justify the committal for trial of the person sought if the offence of which that person is accused had been committed in

the territory of the requested Party or to prove that the person sought is the person convicted by the courts of the requesting Farty.

ARTICLE 6

REFUSAL OF SURRENDER

(1)

A person shall not be surrendered if the requested Party has substantial grounds for believing:

(a)

(b)

(c)

that the offence of which that person is accused or was convicted is an offence of a political character;

that the request for surrender (though purporting to be made on account of an offence for which surrender may

be granted) is in fact made for the purpose of prosecution or punishment on account of race, religion, nationality or political opinions; or

that the person might, if returned, be prejudiced at trial or punished, detained or restricted in his or her

personal liberty by reason of race, nationality or political opinions.

religion,

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