TNAG-2901-FCO40-4175-Extradition-agreements-between-Hong-Kong-and-the-UK-after-19-1993 — Page 71

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

6-

is

long

responsible for its foreign affairs. Where the Government of

Kong exercises this right, the Government of Canada may

request that the case be submitted to the competent authorities of llong Kong in order that proceedings for prosecution of the

person may be considered.

ARTICLE 4

Death Penalty

offender

Tf the offence for which surrender of a fugitive

is

requested under this Agreement is punishable

according to the law of the requesting Party with the death

penalty, and if in respect of such an offence the death penalty is not provided for by the law of the requested Party or is not normally carried out, surrender may be refused unless the

requesting Party gives such assurances as the requested Party

considers sufficient that 3 sentence of death will not be

imposed or, if imposed, will not be carried out.

ARTICLE 5

Mandatory Refusal to Surrender

(1)

A fugitive offender shall not be surrendered if the

requested Party has substantial grounds for believing:

(a)

that the offence of which that person is accused

convicted is an offence of a political

or was

character:

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