Document ID: chunk:federal_register_of_legislation:F2008L00529:body:0:p2
Version: federal_register_of_legislation:F2008L00529
Segment Type: other
Provision Reference: 
Character Range: 2631–5617

done at Hong Kong on 19 March 2007, a copy of which is set out in Schedule 2.
Schedule 1 Agreement for the Surrender of Accused and Convicted Persons between the Government of Australia and the Government of Hong Kong, done at Hong Kong on 15 November 1993
(paragraph 6 (a))

AGREEMENT FOR THE
SURRENDER OF ACCUSED AND CONVICTED PERSONS
BETWEEN THE GOVERNMENT OF AUSTRALIA
 AND THE GOVERNMENT OF HONG KONG

The Government of Australia and the Government of Hong Kong, having been duly authorised to conclude this Agreement by the sovereign government which is responsible for its foreign affairs,

Desiring to make provision for the surrender of persons accused or convicted of a criminal offence;
Have agreed as follows:
ARTICLE 1
OBLIGATION TO SURRENDER

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.

ARTICLE 2
OFFENCES

(1) Surrender shall be granted for an offence coming within any of the following descriptions of offences in so far as it is according to the laws of both Parties punishable by imprisonment or other form of detention for more than one year, or by a more severe penalty:
 (i) offences relating to the unlawful taking of human life;
 (ii) genocide;
 (iii) offences relating to unlawful wounding or injuring; assault including assault occasioning bodily harm and threats to kill; intentional or reckless endangering of life;
 (iv) aiding, abetting, counselling or procuring suicide;
 (v) offences relating to the unlawful termination of pregnancy;
 (vi) kidnapping; abduction; false imprisonment; unlawful confinement; dealing in slaves or other persons; taking a hostage;
 (vii)  stealing, abandoning, exposing or unlawfully detaining a child; any other offences involving the exploitation of children;
 (viii) offences of a sexual nature including rape, sexual assault, indecent assault and unlawful sexual acts upon children; statutory sexual offences;
 (ix) offences against laws relating to prostitution and premises kept for the purposes of prostitution;
 (x) offences against laws relating to drugs, including narcotics and psychotropic substances;
 (xi) theft, robbery, burglary (including breaking and entering); blackmail and extortion; handling or receiving stolen property; any offence against the law relating to unlawful deprivation of property;
 (xii) criminal damage to property; arson;
 (xiii) offences involving the unlawful use of computers;
 (xiv) offences against the laws relating to fraudulent activities; obtaining property, money, valuable securities or pecuniary advantage by false pretences or deception; embezzlement; conspiracy to defraud; false accounting;
 (xv) offences relating to fiscal matters, taxes or duties, notwithstanding that the law of