TNAG-2901-FCO40-4175-Extradition-agreements-between-Hong-Kong-and-the-UK-after-19-1993 — Page 61

(3)

Subject to the provisions of paragraph (4) of this Article, if the requesting Party

does not take custody of the fugitive offender on the date agreed by the two Parties, he shall

be released on the expiry of one month thereafter and the requested Party may subsequently

refuse to surrender him for the same offence.

(4)

If circumstances beyond its control prevent a Party from surrendering or taking

over the fugitive offender, it shall notify the other Party. In that case, the two Parties shall

agree a new date for surrender and the provisions of paragraph (4) of this Article shall apply.

ARTICLE 18

Surrender of Property

(1)

When a request for surrender of a fugitive offender is granted the requested

Party shall, at the request of the requesting Party and in accordance with its law, hand over

to the requesting Party all articles, including sums of money,

(a)

which may serve as proof of the offence; or

(b)

(2)

which have been acquired by the fugitive offender as a result of the offence and

are in his possession or discovered subsequently.

If the articles in question are liable to seizure or confiscation within the

jurisdiction of the requested Party the latter may, in connection with pending proceedings,

temporarily retain them or hand them over on condition they are returned.

(3)

These provisions shall not prejudice the rights of the requested Party or of any person other than the fugitive offender. When such rights exist the articles shall on request

be returned to the requested Party without charge as soon as possible after the end of the

proceedings.

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