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Title: TREATY OF EXTRADITION BETWEEN THE REPUBLIC OF CHINA AND SAINT CHRISTOPHER AND NEVIS
Announced Date: 2013-08-18
Effective: 2014-09-03
1.Signed on August 18 2013; Entered into force on September 03, 2014.
 
PREAMBLE
WHEREAS the Government of the Republic of China and the
Government of Saint Christopher and Nevis are desirous to
regulate by mutual agreement the relations between the Republic
of China and Saint Christopher and Nevis in the sphere of
extradition of offenders:

NOW, THEREFORE, the Republic of China and Saint Christopher and
Nevis (hereinafter referred to as the “ Contracting Parties ”
)agree as follows:

ARTICLE 1
OBLIGATION TO EXTRADITE
The Contracting Parties undertake to extradite to each other,
subject to the provisions of this Treaty and their laws relating
to extradition, any person who is sought for prosecution or has
been convicted of an extraditable offence within the
jurisdiction of the requesting Party of an offence specified in
Article 2 and who finds himself or herself in the territory of
the requested Party.

ARTICLE 2
EXTRADITABLE OFFENCES
1.Extradition shall be granted, in the case of a person accused,
in respect of any act which is an offence under the laws of
the requesting Party as well as those of the requested Party
and punishable in terms of such laws by a sentence of
imprisonment for a period of one year or more or by a more
severe penalty other than a fine alone.
2.Extradition shall be granted, in the case of a person
convicted and sentenced in respect of an offence referred to
in paragraph 1 of this Article, for the purpose of enforcing
such sentence or the balance of such sentence irrespective of
the period of imprisonment or other more severe penalty
imposed.

ARTICLE 3
POLITICAL OFFENCES
1.Extradition may be refused if the offence in respect of which
it is requested is regarded by the requested Party as a
political offence.
2.For the purposes of this Treaty, the following offences shall
not be considered to be political offences:
(a)a murder or other violent crime against the person of a Head
of State of the Contracting Parties, or of a member of the
Head of State ’ s family;
(b) an offence for which both Contracting Parties have the
obligation pursuant to a multilateral international
agreement to extradite the person sought or to submit the
case to their competent authorities for decision as to
prosecution; and
(c) a conspiracy or attempt to commit any of the foregoing
offences, or aiding or abetting a person who commits or
attempts to commit such offences.
3. Notwithstanding the terms of paragraph 2 of this Article,
extradition shall not be granted if the competent authorities
of the requested Party determine that the request was
politically motivated.

ARTICLE 4
MILITARY OFFENCES
Extradition shall not be granted in respect of any offence under
military law if such offence is not an offence under ordinary
criminal law.

ARTICLE 5
PENDING PROCEEDINGS FOR THE SAME OFFENCE
The requested Party may refuse to extradite any person if the
competent authorities of such Party are proceeding against such
person in respect of the offence or offences for which
extradition is requested.

ARTICLE 6
DEFERRED SURRENDER
When the person whose extradition is requested is being
proceeded against or is serving a sentence in the territory of
the requested Party for an offence other than that for which
such extradition has been requested, his or her surrender may be
deferred until such proceedings have been concluded or such
other sentence has been served or carried out.

ARTICLE 7
PRIOR PROSECUTION
1. Extradition shall not be granted if final judgment has been
passed by the competent authorities of the requested Party
upon the person whose extradition is sought in respect of the
offence or offences for which extradition is requested.
2. Extradition may be refused if the competent authorities of
the requested Party have decided either not to institute or
to terminate proceedings in respect of the same offence or
offences.

ARTICLE 8
LAPSE OF TIME
Extradition shall not be granted if the person whose extradition
is sought has, according to the law of either the requesting or
the requested Party, become immune by reason of lapse of time
from prosecution or punishment for the offence for which
extradition is requested.

ARTICLE 9
THE REQUEST AND SUPPORTING DOCUMENTS
1. The request for extradition shall be in writing and shall be
communicated through diplomatic channels or such other
channel as may from time to time be agreed upon by the
Contracting Parties.
2. The request for extradition shall be accompanied by:
(a) if the person whose extradition is sought is a person
accused, the original or a certified copy of the warrant for
his or her arrest or court order having the same effect and
issued in accordance with the law of the requesting Party as
well as prima facie evidence of the commission of the
offence by such person;
(b) if the person whose extradition is sought is a person
convicted, the original or a certified copy of the record of
his or her conviction and enforceable sentence, and a
statement showing how much of the sentence has not been
carried out;
(c) a statement of the offences for which his or her extradition
is requested, in which the time and place of their
commission, their legal description and a reference to the
relevant legal provisions shall be set out as accurately as
possible;
(d) a copy of the relevant enactments ; and
(e) as accurate a description as possible of the person whose
extradition is sought, together with any other information
which will help to establish his or her identity.

ARTICLE 10
DOCUMENTS RELATING TO EVIDENCE
The authorities of the requested Party shall admit as evidence
in any proceedings for extradition any deposition or statement
on oath or affirmation, whether or not taken in the presence of
the person accused, any record of any conviction, or any warrant
issued in the requesting Party or a copy or sworn translation of
the aforesaid documents, if such documents or a copy or
translation thereof are authenticated:
(a) by being certified, by a judge, magistrate or other
competent officer of the requesting Party, to be original
documents, or to be true copies or translations thereof, as
the case may be; and
(b) by being sealed with the official seal of the Minister of
Justice or other competent authorities of the requesting
Party, or in such other manner as may be permitted by the
law of the requested Party.

ARTICLE 11
ADDITIONAL EVIDENCE OR INFORMATION
1. If the requested Party requires additional evidence or
information to enable it to decide on the request for
extradition, the requesting Party shall submit the necessary
additional evidence or information within such time as the
requested Party shall designate.
2. If the person whose extradition is sought is under arrest and
the additional evidence or information submitted as aforesaid
is not sufficient or information is not received within the
period specified by the requested Party, he or she may be
discharged from custody.
3.Such discharge as referred to in paragraph 2 of this Article
shall not bar the requesting Party from submitting another
request for extradition in respect of the same offence.

ARTICLE 12
RULE OF SPECIALITY
A person who has been extradited under this Treaty shall not be
proceeded against, sentenced or detained with a view to the
carrying out of a sentence for any offence committed prior to
his or her surrender other than that for which he or she was
extradited, nor shall he or she for any other reason be
restricted in his or her personal freedom, except in the
following cases:
(a) when the requested Party consents thereto, a request for
consent shall be submitted by the requesting Party,
accompanied by the documents mentioned in Article 9
paragraph 2, and a legal record of any statement made by the
extradited person in respect of the offence concerned, and
consent shall not be withheld when the offence for which it
is requested is itself subject to extradition in accordance
with the provisions of this Treaty.
(b) when the person, having had an opportunity to leave the
territory of the requesting Party, has not done so within 45
days of his or her final discharge, or has voluntarily
returned to that territory after leaving it.

ARTICLE 13
RE-EXTRADITION TO THIRD STATE
1.Where a third state seeks to extradite a person extradited in
accordance with this Treaty, the request shall not be granted
unless reciprocal arrangements for extradition exist between
the third state and the requested Party.
2. Except as provided for in Article 12, subparagraph (b), the
requesting Party shall not, without the consent of the
requested Party, surrender to a third state a person
surrendered to the requesting Party and sought by the said
third state in respect of offences committed before his or
her surrender.
3. The requested Party shall require the production of the
documents specified in Article 9 and must be satisfied in
respect of the offence for which the third state is
requesting extradition before giving its consent for
extradition to that third state.

ARTICLE 14
PROVISIONAL ARREST
1.In an urgent case, the competent authorities of the requesting
Party may request the provisional arrest of the person whose
extradition is sought and the competent authorities of the
requested Party shall decide the matter in accordance with its
law.
2. A request for provisional arrest shall be sent to the
competent authorities of the requested Party either through
diplomatic channels or directly by post or telegraph or by
any other means affording evidence in writing and acceptable
to the requested Party. The competent authorities of the
requesting Party shall be informed as soon as possible of the
result of their request.
3. A request for provisional arrest shall contain the following
information:
(a) a description of the person sought;
(b)a location of the person sought, if known;
(c)a brief statement of the facts of the case, including, if
possible, the time and location of the offence;
(d)a description of the laws violated;
(e)a statement of the existence of a warrant of arrest or a
finding of guilt or judgment of conviction against the person
sought; and
(f)a statement that a request for extradition for the person
sought will follow.
4. Provisional arrest shall be terminated if,within a period of
45 days after the apprehension of the person sought, the
requested Party has not received the request for extradition
and the documents mentioned in paragraph (2) of Article
9.This period may be extended, upon the requesting Party ’ s
application, for up to an additional 15 days after the
apprehension of the person sought.
5. The requested Party may release the person whose extradition
is sought from provisional arrest at any time but, if he or
she is released, the requested Party may take whatever
measures available under its law that it considers necessary
to prevent the escape from its territory of the person whose
extradition is sought.
6.Release from provisional arrest shall not bar the re-arrest
and extradition of the person if a request for extradition is
received subsequently.

ARTICLE 15
REQUESTS FOR EXTRADITION MADE BY SEVERAL STATES
If extradition of the same person is requested concurrently by
more than one state, either for the same offence or for
different offences, the requested Party shall make its decision
having regard to all the circumstances and especially the
relative seriousness and place of commission of the offences,
the respective dates of the requests, the nationality of the
person whose extradition is sought, his or her ordinary
residence and the possibility of subsequent extradition to
another state.

ARTICLE 16
DECISION AND SURRENDER
1.The requested Party shall inform the requesting Party through
the channel mentioned in Article 9, paragraph 1, of its
decision with regard to the request for extradition.
2. Reasons shall be given for any complete or partial rejection.
3. If the request is granted, the requesting Party shall be
informed of the place and date of surrender and of the length
of time for which the person whose extradition is sought
would have been detained between the date of committal and
the date of surrender.
4. If the person sought is not removed from the territory of the
requested Party within the time prescribed by the law of that
Party, that person may be discharged from custody, and the
requested Party may subsequently refuse extradition for the
same offence.
5.If circumstances beyond its control prevent a Contracting
Party from surrendering or receiving the person to be
surrendered, the said Party shall promptly notify the other
Contracting Party, and the Contracting Parties shall
thereafter agree upon a new date for surrender and the
provisions of paragraph 4 of this Article shall thereupon
apply.

ARTICLE 17
SEIZURE AND SURRENDER OF PROPERTY
1. The requested Party shall, in so far as its law permits and
at the request of the requesting Party, hand over to the
latter property –
(a) which may be required as evidence; and
(b) which has been seized under the authority of a search
warrant or which, at the time of arrest, was found in the
possession of the person whose extradition is sought.
2.The property referred to in paragraph 1 of this Article shall
be handed over even if extradition, having been granted,
cannot be carried out owing to the death or escape of the
person whose extradition is sought.
3. When the said property is liable to seizure or confiscation
in the territory of the requested Party, the requested Party
may, in connection with pending criminal proceedings,
temporarily retain it or hand it over to the requesting Party
on condition that it be returned within a specified period of
time.
4. Any rights which the requested Party or third Parties may
have acquired in the said property shall remain unaffected
and where such rights exist, the property shall be returned
without charge to the requested Party as soon as possible
after the trial, unless such rights have been waived.

ARTICLE 18
TRANSIT
1. Transit through the territory of either Contracting Party
shall be granted to the other Contracting Party in respect of
the extradition of any person from a third state in
accordance with the following provisions:
(a) a request for transit shall be submitted in the manner
prescribed in Article 9, paragraph 1, in respect of a
request for extradition;
(b) the provisions and conditions laid down in this Treaty shall
apply equally to such a request as if it were a request for
the extradition of the person concerned;
(c) the Contracting Party requested to grant transit may require
the production of the documents mentioned in Article 9,
paragraph 2, before granting the request for transit through
its territory;
(d) if the person whose extradition is sought is to be
transported by aircraft over the territory of either
Contracting Party, the following provisions shall apply:
(i) if no intermediate landing is scheduled to be made, the
requesting Party shall notify the Contracting Party over
whose territory the flight is to be made and shall confirm
that a warrant of arrest or a conviction and enforceable
sentence exists and shall give an assurance that in view of
the facts known to it and considering the documents in its
possession, there is no reason why transit in accordance
with this Treaty should be refused;
(ii) in the case of an unscheduled intermediate landing, the
notification concerning the use of air transport shall have
the effect of a request for provisional arrest as provided
for in Article 14, and the requesting Party shall
thereafter submit a formal request for extradition;
(iii) if an intermediate landing is to be made, the provisions
of subparagraphs (a), (b) and (c) of this paragraph shall
apply.
2. Any right of transit arising from the operation of paragraph
1 of this Article shall be exercised in accordance with such
conditions as the requested Party may prescribe.
3. Notwithstanding the provisions of this Article, the requested
Party may refuse a request for transit if it is of the
opinion that such transit would endanger public order in its
territory.

ARTICLE 19
LANGUAGE TO BE USED
The documents submitted to the requested Party shall be
accompanied by certified translations into the language of the
requested Party.

ARTICLE 20
EXPENSES
1. Reasonable expenses incurred in the territory of the
requested Party by reason of the arrest, detention and
maintenance of the person whose extradition is sought, and
any court proceedings arising from the request for
extradition, shall be borne by that Party.
2. The requesting Party shall bear the expenses occasioned by
the conveyance of the person whose extradition is sought from
the place where he or she is surrendered to its own
territory.
3. Expenses incurred by reason of transit through the territory
of a Party requested to grant transit shall be borne by the
requesting Party.

ARTICLE 21
APPLICATION OF THE TREATY
This Treaty shall apply to offences committed and sentences
imposed whether before or after the date upon which this Treaty
comes into force.

ARTICLE 22
SETTLEMENT OF DISPUTES
Any disputes arising out of the interpretation and application
of the Treaty shall be settled by mutual consultation through
diplomatic channels between the two Contracting Parties.

ARTICLE 23
RATIFICATION AND ENTRY INTO FORCE
This Treaty shall be ratified in accordance with the
constitutional or legal processes of each Contracting Party and
shall come into force upon the date on which instruments of
ratification thereof have been exchanged.

ARTICLE 24
TERMINATION
Either of the Contracting Parties may terminate this Treaty at
any time by giving six months ’ written notice to the other
Party through diplomatic channels.

IN WITNESS WHEREOF the undersigned, being duly authorized by
their respective Governments, have signed this Treaty in
duplicate in the Chinese and English languages, both texts being
equally authentic.


Done at Basseterre, on the 18th day of the eighth month of the
hundred and second year of the Republic of China, corresponding
to the 18th day of August of the year two thousand and thirteen
in the Gregorian calendar.


For the Government of For the Government of
the Republic of China Saint Christopher and Nevis
__________________________ _____________________________
Minister of Foreign Affairs Minister of Foreign Affairs
David Y. L. Lin Hon. Patrice Nisbett
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