Document ID: chunk:federal_register_of_legislation:F2008L00529:body:0:p11
Version: federal_register_of_legislation:F2008L00529
Segment Type: other
Provision Reference: 
Character Range: 25511–27709

the authorisation of the Government of the People's Republic of China,

Desiring to amend the Agreement,

Have agreed as follows :

Article 1
This Protocol amends the Agreement and the Agreement and this Protocol shall be read and interpreted together as one single instrument.

Article 2
Article 5 of the Agreement shall be removed.

Article 3
The text of Article 9(3) of the Agreement shall be replaced by the following:

"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. In the case of requests to Hong Kong, the request shall also be accompanied by such evidence as, according to the law of Hong Kong, would justify committal for trial if the offence had been committed within the jurisdiction of Hong Kong."

Article 4
The text of Article 16(1) of the Agreement shall be replaced by the following:

"The requested Party shall, as soon as a decision on the request for surrender has been made, communicate that decision to the requesting Party. Reasons shall be given for any complete or partial refusal of the request."

Article 5
(1) This Protocol 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 the Protocol have been complied with.

(2) This Protocol shall remain in force so long as the Agreement remains in force.

IN WITNESS WHEREOF the undersigned, being duly authorised by their respective Governments have signed this Protocol.

DONE in duplicate at Hong Kong this nineteenth day of March, two thousand and seven in the English and Chinese languages, each text being equally authentic.

For the Government of  For the Government of the
Australia:             Hong Kong Special Administrative Region of the People's Republic of China:
Murray A Cobban        Ambrose S K Lee
Consul‑General         Secretary for Security

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.