TNAG-2901-FCO40-4175-Extradition-agreements-between-Hong-Kong-and-the-UK-after-19-1993 — Page 62

[(4)

The articles mentioned in paragraph (1) shall, if the requesting Party so requests, be surrendered even though the fugitive offender cannot be surrendered owing to death, disappearance or escape.]

ARTICLE 19

Speciality

(1)

A fugitive offender who has been surrendered shall not be proceeded against, sentenced, detained or subjected to any other restriction of personal liberty by the requesting

Party for any offence committed prior to his surrender other than:

(a)

the offence in respect of which his return is ordered;

(b)

any lesser offence however described disclosed by the facts in respect of which

his return was ordered, provided such an offence is an offence for which he

can be returned under this Agreement;

(c)

any other offence being an offence for which surrender may be granted under

this Agreement in respect of which the requested Party may consent to his

being dealt with;

unless he has first had an opportunity to leave the jurisdiction of the Party to which he has

been surrendered or he has not done so within forty days of his having been free to leave the

jurisdiction or has returned to that jurisdiction having left it.

(2)

Consent shall not be given by a requested Party under paragraph (c) above in

respect of an offence in relation to which an order for the return of the fugitive offender could

not lawfully be made, or would not in fact be made.

ما

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