Fugitive Offenders (Notification Procedures) Regulation
(Enacting provision omitted—E.R. 7 of 2020)
[9 May 1997]
(Format changes—E.R. 7 of 2020)
The prescribed documents to accompany, and the prescribed particulars to be contained in, a notice under section 24(1) of the Ordinance are the documents and particulars specified in Part 1 of the Schedule relevant to that notice.
The prescribed manner in which a notice under section 24(1) of the Ordinance shall be given is the manner specified in Part 2 of the Schedule relevant to that notice.
Where section 24(1)(a) of the Ordinance is applicable, the prescribed documents are—
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;
in all cases—
a copy of the request for the surrender of the person to Hong Kong;
copies of the documents submitted in support of that request; and
such other documents relevant to the proceedings as may be requested by the Central People’s Government.
Where section 24(1)(b) of the Ordinance is applicable—
the prescribed documents are—
a copy of the request for surrender;
copies of the supporting documents;
a summary of the material facts supporting the request; and
such other documents relevant to the proceedings as may be requested by the Central People’s Government; and
the prescribed particulars are—
advice with reasons whether the request may be complied with; and
description of any relevant articles to be sent to the prescribed place concerned if the request is complied with.
Where section 24(1)(c) of the Ordinance is applicable—
such documents relevant to the surrender of the person to Hong Kong as may be requested by the Central People’s Government; and
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.
Where section 24(1)(d) of the Ordinance is applicable—
such documents relevant to the surrender of the person from Hong Kong as may be requested by the Central People’s Government; and
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.
Where section 24(1)(e) of the Ordinance is applicable—
such documents relevant to the transport of the person through Hong Kong as may be requested by the Central People’s Government; and
the prescribed particulars are—
the name of the person to be surrendered;
the name of the place outside Hong Kong from which that person is to be surrendered;
the name of the place outside Hong Kong to which that person is to be surrendered;
the offence or offences for which the person is to be surrendered; and
the date on which it is proposed that the transport concerned occur.
In any case, by telex, facsimile transmission or other similar method and—
where section 24(1)(a) of the Ordinance is applicable—
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
at the same time as the issue of the request for the surrender of the person concerned;
where section 24(1)(b) of the Ordinance is applicable, immediately after the order of committal has been made;
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;
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.