WIPO Lex

Chapter: 503V FUGITIVE OFFENDERS (SRI LANKA) ORDER

Chapter:	503V	FUGITIVE OFFENDERS (SRI LANKA) ORDER	Gazette Number	Version Date

		Empowering section	L.N. 104 of 2003	19/04/2003

	(Cap 503, section 3)
		[19 April 2003] L.N. 104 of 2003
(Originally L.N. 28 of 2003)

Section:	1	(Omitted as spent)	L.N. 104 of 2003	19/04/2003

(Omitted as spent)

Section:	2	Procedures in Ordinance to apply between Hong Kong and Sri Lanka	L.N. 104 of 2003	19/04/2003

In relation to the arrangements for the surrender of fugitive offenders-

(a) which are applicable to the Government and the Government of the Democratic Socialist Republic of Sri Lanka; and

(b) the terms of which are recited in the Schedule, it is directed that the procedures in the Ordinance shall apply as between Hong Kong and the Democratic Socialist Republic of Sri Lanka subject to the limitations, restrictions, exceptions and qualifications contained in the terms so recited.

Schedule:		SCHEDULE	L.N. 104 of 2003	19/04/2003

[section 2]

AGREEMENT BETWEEN THE GOVERNMENT OF THE HONG KONG
SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S
REPUBLIC OF CHINA AND THE GOVERNMENT OF
THE DEMOCRATIC SOCIALIST REPUBLIC OF
SRI LANKA CONCERNING SURRENDER
OF FUGITIVE OFFENDERS

The Government of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong Special Administrative Region") having been duly authorised to conclude this Agreement by the Central People's Government of the People's Republic of China, and the Government of the Democratic Socialist Republic of Sri Lanka, (hereinafter referred to as "the Parties"),

Desiring to make provision for the reciprocal surrender of fugitive offenders;

Have agreed as follows:

ARTICLE 1

OBLIGATION TO SURRENDER

(1): The Parties agree to surrender to each other, subject to the provisions laid down in this Agreement, any person who is found in the jurisdiction of the requested Party and who is wanted by the requesting Party for prosecution or for the imposition or enforcement of a sentence in respect of an offence described in Article 2.
(2): The procedures for determining whether a person is to be surrendered shall be regulated by the law of the requested Party and shall be in accordance with the provisions of this Agreement.

ARTICLE 2

OFFENCES

(2): Where surrender is requested for the purpose of carrying out a sentence, a further requirement shall be that in the case of a period of imprisonment or detention at least six months remain to be served.
(3): For the purposes of this Article, in determining whether an offence is an offence punishable under the laws of both Parties the totality of the acts or omissions alleged against the person whose surrender is sought shall be taken into account.
(4): For the purposes of paragraph (1) of this Article, an offence shall be an offence according to the laws of both Parties if the conduct constituting the offence was an offence against the law of the requesting Party at the time it was committed and an offence against the law of the requested Party at the time the request for surrender is received.

ARTICLE 3

SURRENDER OF NATIONALS

The Government of Sri Lanka reserves the right to refuse the surrender of its citizens. The Government of the Hong Kong Special Administrative Region reserves the right to refuse the surrender of nationals of the People's Republic of China.

ARTICLE 4

DEATH PENALTY

If the offence for which surrender of a fugitive offender 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 this penalty will not be imposed or, if imposed, will not be carried out.

ARTICLE 5

BASIS FOR SURRENDER

A person shall be surrendered only if the evidence be found sufficient according to the law of the requested Party either to justify the committal for trial of the person sought if the offence of which that person is accused had been committed in the territory of the requested Party or to prove that the person sought is the person convicted by the courts of the requesting Party.

ARTICLE 6

MANDATORY REFUSAL OF SURRENDER

(3): A fugitive offender who has been finally acquitted, convicted or pardoned or whose prosecution is barred or whose conviction has been set aside under the law of the requesting or requested Party for any offence set out in the request shall not be surrendered for that offence.

ARTICLE 7

DISCRETIONARY REFUSAL OF SURRENDER

Surrender may be refused if the requested Party considers that:

(a): the offence is, having regard to all the circumstances, not sufficiently serious to warrant the surrender;
(b): there has been excessive delay, for reasons which cannot be imputed to the person sought, in bringing charges, in bringing the case to trial or in making the person serve his or her sentence or the remainder thereof;
(c): the offence for which surrender is sought was committed within the jurisdiction of its courts;
(d): the surrender might place that Party in breach of its obligations under international treaties; or
(e): in the circumstances of the case, the surrender would be incompatible with humanitarian considerations in view of the age, health or other personal circumstances of the person sought.

ARTICLE 8

POSTPONEMENT OF SURRENDER

If the person sought is being proceeded against or is under punishment in the jurisdiction of the requested Party for any offence other than that for which surrender is requested, surrender may be granted or deferred until the conclusion of the proceedings and the execution of any punishment imposed.

ARTICLE 9

THE REQUEST AND SUPPORTING DOCUMENTS

(1): Requests for surrender and related documents shall be conveyed through the appropriate authority as may be notified from time to time by one Party to the other.
(3): If the request relates to an accused person it shall also be accompanied by a copy of the warrant of arrest issued by a judge, magistrate or other competent authority of the requesting Party and by such evidence as, according to the law of the requested Party, would justify committal for trial if the offence had been committed within the jurisdiction of the requested Party.

ARTICLE 10

AUTHENTICATION

(2): Any sworn translation of documents, duly authenticated and submitted in support of a request for surrender shall be admitted for all purposes in proceedings for surrender.

ARTICLE 11

ADDITIONAL INFORMATION

(1): If the information communicated by the requesting Party is found to be insufficient to allow the requested Party to make a decision in pursuance of this Agreement, the latter Party shall request the necessary supplementary information and may fix a time-limit for receipt thereof.
(2): If the person whose surrender is sought is under arrest and the additional information furnished is not sufficient in accordance with this Agreement or is not received within the time specified, the person may be discharged. Such discharge shall not preclude the requesting Party from making a fresh request for the surrender of the person.

ARTICLE 12

PROVISIONAL ARREST

(1): In urgent cases the person sought may, at the discretion of the requested Party and in accordance with its law, be provisionally arrested on the application of the requesting Party.
(2): The application for provisional arrest shall contain an indication of intention to request the surrender of the person sought, a statement of the existence of a warrant of arrest or a judgment of conviction against that person, information concerning identity, nationality and probable location, a description of the person, a brief description of the offence and the facts of the case and a statement of the sentence that can be or has been imposed for the offence and, where applicable, how much of that sentence remains to be served.
(3): An application for provisional arrest may be transmitted by any means affording a record in writing through the channel notified under paragraph (1) of Article 9 or through the International Criminal Police Organisation (Interpol).
(4): The provisional arrest of the person sought shall be terminated upon the expiration of sixty days from the date of arrest if the request for surrender and supporting documents have not been received. The release of a person pursuant to this paragraph shall not prevent the institution or continuation of surrender proceedings if the request and the supporting documents are received subsequently.

ARTICLE 13

CONCURRENT REQUESTS

If the surrender of a person is requested concurrently by one of the Parties and a state or jurisdiction with whom Sri Lanka or the Hong Kong Special Administrative Region, whichever is being requested, has an agreement or arrangement for the surrender of fugitive offenders, the requested Party shall make its decision having regard to all the circumstances including the provisions in this regard in any agreements or arrangements in force between the requested Party and the requesting Parties, the relative seriousness and place of commission of the offences, the respective dates of the requests, the nationality and ordinary place of residence of the person sought and the possibility of subsequent surrender to another state or jurisdiction, and furnish the other Party with information in support of its decision in the event of surrender of the person to another state or jurisdiction.

ARTICLE 14

REPRESENTATION AND COSTS

(1): The requested Party shall make all necessary arrangements for and meet the costs of any proceedings arising out of a request for surrender and shall otherwise represent the interests of the requesting Party.
(2): If it becomes apparent that exceptional expenses may be incurred as a result of a request for surrender the Parties shall consult with a view to deciding how these expenses will be met.
(3): The requested Party shall bear the expenses arising out of the arrest and detention of the person whose surrender is sought until that person is surrendered in accordance with Article 15(2). The requesting Party shall bear all subsequent expenses.
(1): The requested Party shall, as soon as a decision on the request for surrender has been made, communicate that decision to the requesting Party.
(2): When a person is to be surrendered, that person shall be sent by the authorities of the requested Party to such convenient place of departure within that Party's jurisdiction as the requesting Party shall indicate.
(3): Subject to the provisions of paragraph (4) of this Article, the requesting Party shall remove the person within the period specified by the requested Party and if the person is not removed within that period the requested Party may refuse to surrender that person for the same offence.
(4): If circumstances beyond its control prevent a Party from surrendering or taking over the person to be surrendered, it shall notify the other Party. In that case, the two Parties shall agree to a new date for surrender and the provisions of paragraph (3) of this Article shall apply.

ARTICLE 15

ARRANGEMENTS FOR SURRENDER ARTICLE 16

SURRENDER OF PROPERTY

(2): The provisions of paragraph (1) shall not prejudice the rights of the requested Party or of any person other than the person sought. When such rights exist the articles shall on request be returned to the requested Party without charge as soon as practicable after the end of the proceedings.
(3): The articles in question shall, if the requesting Party so requests, be surrendered to that Party even if the surrender cannot be carried out due to the death or escape of the person sought.

ARTICLE 17

SPECIALTY AND RESURRENDER

(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 or offences in respect of which his surrender was granted;
(b): an offence, however described, based on 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 by a penalty no more severe than the penalty for the offence for which he was surrendered;
(c): any 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-five days or has voluntarily returned to that jurisdiction having left it.

(3): A Party whose consent is requested under paragraphs (1)(c) or (2)(a) of this Article may require the submission of any document or statement referred to in Article 9, and any statement made by the surrendered person on the matter.

ARTICLE 18

TRANSIT

To the extent permitted by its law, transit of a person through the jurisdiction of either Party to the other Party from another jurisdiction may be granted on a request in writing. The Party through whose jurisdiction transit will occur may request the information referred to in paragraph (2)(b) of Article 9.

ARTICLE 19

ENTRY INTO FORCE SUSPENSION AND TERMINATION

(1): This Agreement shall enter into force thirty days after the date on which the Parties have notified each other in writing that their respective requirements for the entry into force of this Agreement have been complied with.
(2): The provisions of this Agreement shall apply to requests made after its entry into force regardless of the date of the commission of the offence or offences set out in the request.
(3): Each of the Parties may suspend or terminate this Agreement at any time by giving notice to the other through the channel notified under paragraph (1) of Article 9. Suspension shall take effect on receipt of the relevant notice. In the case of termination the Agreement shall cease to have effect six months after the receipt of notice to terminate.

In witness whereof the undersigned, being duly authorised by their respective Governments, have signed this Agreement.

Done at the Hong Kong Special Administrative Region, this third day of September One thousand nine hundred and ninety nine in the Chinese, Sinhala and English languages, each text being equally authentic.

Hong Kong (China)

HK172

Fugitive Offenders (Sri Lanka) Order (Chapter 503V)