Hong Kong Regulations

FUGITIVE OFFENDERS (NOTIFICATION PROCEDURES) REGULATION - SCHEDULE SCHEDULE

Adaptation amendments retroactively made - see 71 of 1999 s. 3 [section 1]

PART 1

PRESCRIBED DOCUMENTS TO ACCOMPANY, AND PRESCRIBED PARTICULARS TO BE CONTAINED
IN, NOTICE UNDER SECTION 24(1) OF THE ORDINANCE

1. Where section 24(1)(a) of the Ordinance is applicable, the prescribed
documents are-

   (a)  in any case where the proceedings are similar to those arising from
        the provisions of the Ordinance relating to provisional warrants, a
        copy of the application initiating the proceedings;

   (b)  in all cases-

        (i)    a copy of the request for the surrender of the person to Hong
               Kong;

        (ii)   copies of the documents submitted in support of that request;
               and

        (iii)  such other documents relevant to the proceedings as may be
               requested by the Central People's Government.

2. Where section 24(1)(b) of the Ordinance is applicable-

   (a)  the prescribed documents are-

        (i)    a copy of the request for surrender;

        (ii)   copies of the supporting documents;

        (iii)  a summary of the material facts supporting the request; and

        (iv)   such other documents relevant to the proceedings as may be
               requested by the Central People's Government; and

   (b)  the prescribed particulars are-

        (i)    advice with reasons whether the request may be complied with;
               and

        (ii)   description of any relevant articles to be sent to the
               prescribed place concerned if the request is complied with.

3. Where section 24(1)(c) of the Ordinance is applicable-

   (a)  such documents relevant to the surrender of the person to Hong Kong as
        may be requested by the Central People's Government; and

   (b)  the prescribed particulars are the name of each place between the
        prescribed place and Hong Kong through which it is proposed to
        transport the person to be surrendered to Hong Kong and the respective
        dates on which it is proposed that each such transport occur.

4. Where section 24(1)(d) of the Ordinance is applicable-

   (a)  such documents relevant to the surrender of the person from Hong Kong
        as may be requested by the Central People's Government; and

   (b)  the prescribed particulars are the name of each place between Hong
        Kong and the prescribed place through which it is proposed to
        transport the person to be surrendered to that prescribed place and
        the respective dates on which it is proposed that each such transport
        occur.

5. Where section 24(1)(e) of the Ordinance is applicable-

   (a)  such documents relevant to the transport of the person through Hong
        Kong as may be requested by the Central People's Government; and

   (b)  the prescribed particulars are-

        (i)    the name of the person to be surrendered;

        (ii)   the name of the place outside Hong Kong from which that person
               is to be surrendered;

        (iii)  the name of the place outside Hong Kong to which that person is
               to be surrendered;

        (iv)   the offence or offences for which the person is to be
               surrendered; and

        (v)    the date on which it is proposed that the transport concerned
               occur.

(71 of 1999 s. 3)

PART 2

PRESCRIBED MANNER IN WHICH NOTICE UNDER SECTION 24(1) OF THE ORDINANCE TO BE
GIVEN

In any case, by telex, facsimile transmission or other similar method and-

   (a)  where section 24(1)(a) of the Ordinance is applicable-

        (i)    without prejudice to the generality of subparagraph (ii), at
               the same time as the issue of the application, if any, for the
               provisional arrest of the person concerned; and

        (ii)   at the same time as the issue of the request for the surrender
               of the person concerned;

   (b)  where section 24(1)(b) of the Ordinance is applicable, immediately
        after the order of committal has been made;

   (c)  where section 24(1)(c) or (d) of the Ordinance is applicable, as soon
        as the place or places through which it is proposed to transport the
        person is or are known, but, in any case, before the person is so
        transported;

   (d)  where section 24(1)(e) of the Ordinance is applicable, as soon as it
        is known that it is proposed to transport the person through Hong Kong
        but, in any case, before the person is so transported.