Hong Kong Regulations

FUGITIVE OFFENDERS (AUSTRALIA) ORDER - SCHEDULE 2

[section 2]

The Government of the Hong Kong Special Administrative Region of the 
People’s Republic of China (“Hong Kong Special Administrative Region”) 
having been authorised by the Central People’s Government of the People’s 
Republic of China to conclude this Protocol with the Government of 
Australia, and the Government of Australia (hereinafter referred to as 
“the Parties”).

Recalling the Agreement between the Government of Hong Kong and the 
Government of Australia for the surrender of accused and convicted 
persons, done at Hong Kong on 15 November 1993 (hereinafter referred to as 
“the Agreement”),

Recognizing that the People’s Republic of China resumed the exercise of 
sovereignty over Hong Kong with effect from 1 July 1997 and in accordance 
with its constitution has on that date established the Hong Kong Special 
Administrative Region of the People’s Republic of China, 

Noting that the Government of the People’s Republic of China has confirmed 
the continued application of the Agreement to the Hong Kong Special 
Administrative Region and its recognition as an agreement entered into 
between the Government of the Hong Kong Special Administrative Region 
under the authorisation of the Government of the People’s Republic of 
China and the Government of Australia, 

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 Chinese and English languages, each text being equally 
authentic.
(Schedule 2 added L.N. 212 of 2007)