TNAG-2901-FCO40-4175-Extradition-agreements-between-Hong-Kong-and-the-UK-after-19-1993 — Page 55

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

(a)

(b)

(2)

The requested Party may refuse to surrender a fugitive offender for an offence which is regarded by its law as having been committed within the jurisdiction of its courts.

ARTICLE 8

Applicable Law

(1)

A fugitive offender shall not be surrendered until it has been decided in accordance with the law of the requested Party that he is liable to be surrendered, and until the expiration of any further period which may be required by the law of the requested Party.

ARTICLE 9

Liability to surrender

A fugitive offender shall be surrendered only if:

in the case of a person not already convicted there is sufficient evidence provided, according to the law of the requested Party, to justify the committal for trial of the person sought if the offence of which he is accused were committed in the territory of the requested Party;

in the case of a person already convicted by the courts of the requesting Party, there is sufficient evidence provided showing that he appears to be so at large and that he is the person convicted by the courts of the requesting Party.

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