### Fugitive Offenders Ordinance 《逃犯條例》

18. Restoration of persons not tried or acquitted
(1) This section applies to any person wanted for prosecution in respect of an offence against the law of Hong Kong who is surrendered to Hong Kong by a prescribed place pursuant to prescribed arrangements.
(2) If in the case of a person to whom this section applies either—
(a) proceedings against him for the offence for which he was surrendered are not begun within the period of 6 months beginning with the day of his arrival in Hong Kong on being surrendered; or
(b) on his trial for that offence, he is acquitted or discharged under—
(i) section 107(1) of the Criminal Procedure Ordinance (Cap. 221); or
(ii) section 36(1) of the Magistrates Ordinance (Cap. 227),

the Chief Executive shall, on the request of that person, arrange for him to be sent back free of charge and with as little delay as possible to the prescribed place from which he was surrendered. (Amended 71 of 1999 s. 3)

### Fugitive Offenders Ordinance 《逃犯條例》

19. Persons kept in custody pursuant to undertakings given to prescribed places
(1) Where—
(a) a person is surrendered to Hong Kong by a prescribed place pursuant to prescribed arrangements;
(b) the Chief Executive has given an undertaking to that place that the person will be kept in custody whilst in Hong Kong; and (Amended 71 of 1999 s. 3)
(c) but for that undertaking, that person is not required by any other provision of this Ordinance or any other law of Hong Kong to be kept in such custody,

then—
(i) notwithstanding any other provision of this Ordinance or any other law of Hong Kong but subject to paragraph (ii), that person shall—
(A) continue to be kept in such custody for a period of 30 days (or such shorter period as the Chief Executive may by order specify) commencing on the day on which, but for that undertaking, he is not required to be kept in such custody; and (Amended 71 of 1999 s. 3)
(B) immediately upon the expiration of that period, be discharged from such custody;
(ii) paragraph (i) shall cease to apply to that person if, on or before the expiration of the period referred to in that paragraph, that person is required to be kept in such custody pursuant to another provision of this Ordinance or any other law of Hong Kong.
(2) Notwithstanding any other provision of this Ordinance or any other law of Hong Kong but without prejudice to the operation of subsection (1)(i)(B), no magistrate or court shall remand or release on bail a person who is the subject of an undertaking referred to in subsection (1) which has not ceased to be binding.
(3) An undertaking referred to in subsection (1) which has not ceased to be binding shall be sufficient authority for—
(a) any person who holds in custody the person who is the subject of the undertaking to release that person into the custody of an authorized officer upon the occurrence of an event specified in the undertaking as an event the occurrence of which requires the return of the person to the prescribed place concerned;
(b) the authorized officer to transport the person in custody so as to enable the person to be placed in the custody of an escort officer of the prescribed place for the purpose of the person’s return to the prescribed place. (Amended 23 of 1998 s. 2)

### Fugitive Offenders Ordinance 《逃犯條例》

20. Transit
(1) Where a prescribed place wishes to transport in custody through Hong Kong a person who is being surrendered to that place by another place outside Hong Kong (and whether or not that other place is a prescribed place)—
(a) that person may be transported in custody through Hong Kong for the purposes of being so surrendered;
(b) an authorized officer may, for the purposes of such transport, hold that person in custody for not more than—
(i) 48 hours; or
(ii) such further period as is permitted by an order under subsection (2).
(2) The Chief Executive may, if satisfied that it is reasonable and necessary for a person referred to in subsection (1) to be held in custody by an authorized officer for more than 48 hours for the purposes of facilitating the transport referred to in that subsection, by order authorize any authorized officer to hold that person in custody for such further period—
(a) as is specified in the order; and
(b) that the Chief Executive is satisfied is reasonable and necessary for those purposes. (Amended 71 of 1999 s. 3)

21. Escapes from custody
If any person who is in custody by virtue of this Ordinance (including in custody by virtue of an order for surrender) escapes out of custody, he may be retaken in Hong Kong in like manner as a person escaping from any custody under which he may be held in respect of an offence committed in Hong Kong.

22. Form of orders, etc.
(1) Any order, warrant or document to which this section applies shall be in the prescribed form.
(2) This section applies to—
(a) an authority to proceed;
(b) a warrant (including a provisional warrant) under section 7(1);
(c) an order under section 7(2)(b);
(d) a warrant under section 8(2);
(e) an order of committal;
(f) an order for surrender;
(g) an order under section 19(1)(i);
(h) an order under section 20(2).
(3) The Chief Executive in Council may, by order, amend subsection (2). (Amended 71 of 1999 s. 3)

### Fugitive Offenders Ordinance 《逃犯條例》

23. Admissibility of evidence, etc.
(1) Any supporting document or other document which is duly authenticated is admissible in evidence in any proceedings under this Ordinance without further proof.
(2) Any supporting document or other document shall be deemed to be duly authenticated if it—
(a) purports to be signed or certified by a judge, magistrate or officer of the prescribed place concerned; and
(b) purports to be sealed with the official or public seal of a competent authority of that place.
(3) Subject to subsection (4), in any proceedings under this Ordinance, nothing in this Ordinance shall prejudice either—
(a) the admission in evidence of any document which is admissible in evidence; or
(b) the proof of any matter,
under any other law of Hong Kong.
(4) Without prejudice to the generality of section 10(2)(b) or 12(4), in any proceedings under this Ordinance, any evidence which contradicts an allegation that a person sought to be surrendered under this Ordinance to a prescribed place has engaged in conduct which constitutes a relevant offence for which such surrender is sought is inadmissible and, accordingly—
(a) that person is not entitled to adduce such evidence; and
(b) any court is not entitled to receive such evidence.
(5) Without prejudice to the generality of subsection (4), in proceedings under this Ordinance evidence may be adduced for the purposes of showing that a person brought before the court of committal or any other court is not the person identified in the request for surrender to which the proceedings relate.
(6) In this section, document (文件) includes a copy of a document.