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Extradition (Hong Kong) Regulations 20081

  Select Legislative Instrument 2008 No. 12

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Extradition Act 1988.
Dated 5 March 2008

  P. M. JEFFERY
  Governor‑General
  By His Excellency's Command

  BOB DEBUS
  Minister for Home Affairs

Contents

 1 Name of Regulations
 2 Commencement
 3 Repeal
 4 Definition
 5 Declaration of the Hong Kong Special Administrative Region of the People's Republic of China as an extradition country
 6 Application of Act

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

Schedule 2 Protocol amending the Agreement for the Surrender of Accused and Convicted Persons of 15 November 1993 between the Government of Australia and the Government of the Hong Kong Special Administrative Region of the People's Republic of China, done at Hong Kong on 19 March 2007

1 Name of Regulations

  These Regulations are the Extradition (Hong Kong) Regulations 2008.

2 Commencement

  These Regulations commence on the day on which the Protocol between the Government of Australia and the Government of the Hong Kong Special Administrative Region of the People's Republic of China amending the Agreement for the Surrender of Accused and Convicted Persons of 15 November 1993, done at Hong Kong on 19 March 2007, enters into force.

3 Repeal

  The Extradition (Hong Kong) Regulations are repealed.

4 Definition

  In these Regulations:
Act means the Extradition Act 1988.

5 Declaration of the Hong Kong Special Administrative Region of the People's Republic of China as an extradition country

  For the definition of extradition country in section 5 of the Act, the Hong Kong Special Administrative Region of the People's Republic of China is declared to be an extradition country.

6 Application of Act

  For subsection 11 (1) of the Act, the Act applies to the Hong Kong Special Administrative Region of the People's Republic of China, subject to:
 (a) the 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, a copy of which is set out in Schedule 1; and
 (b) the Protocol, amending the Agreement in paragraph (a), between the Government of Australia and the Government of the Hong Kong Special Administrative Region of the People's Republic of China, 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,