TNAG-2901-FCO40-4175-Extradition-agreements-between-Hong-Kong-and-the-UK-after-19-1993 — Page 96

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ARTICLE 16

(1)

A fugitive offender who has been surrendered shall not he 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)

(b)

the offence or offences in respect of which his surrender was granted:

however

described, based on

an offence,

substantially the same facts in respect of which his surrender was granted, provided such offence

is one for which he could be surrendered under

this Agreement, and provided further such

offence is punishable

a penalty no more

severe than the penalty for the offence for which he was surrendered;

by

(c)

anv other 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 exercise his right to leave the jurisdiction of the Party to which he has been

surrendered and he has not done so within forty days or has voluntarily returned to that jurisdiction having left it.

(2)

A fugitive offender who has been surrendered shall not be re-surrendered to another jurisdiction for an offence committed prior to his surrender unless:

(a) the

requested

Party

consents to such

re-surrender; or

(b)

he

has

right

to

first had an opportunity to exercise his leave the jurisdiction of the Party to