Common use of Conditions for Transfer Clause in Contracts

Conditions for Transfer. (1) A sentenced person may be transferred only on the following conditions: (a) the acts or omissions for which the sentence has been imposed would constitute a criminal offence under the laws of the receiving Party; provided, however, that this condition shall not be interpreted to require that the offence described in the laws of both Parties be identical with respect to matters that do not affect the essential nature of the offence; (b) where Hong Kong is the receiving Party, the sentenced person is a permanent resident of Hong Kong; (c) where the United States of America is the receiving Party, the sentenced person is a citizen or national of the United States of America; (d) at the time the request for transfer is received, the sentenced person has at least one year of the sentence to serve, or is serving an indeterminate or life sentence; (e) the judgment is final, and no further proceedings relating to the offence are pending within the jurisdiction of the transferring Party; (f) the transferring and receiving Parties and the sentenced person all agree to the transfer, provided that, where in view of the age or physical or mental condition of the sentenced person, either Party considers it necessary, the sentenced person’ s consent may be given by the sentenced person’ s legal representative; (g) when the United States of America is the transferring Party, and when the sentenced person has been sentenced by the courts pursuant to the laws of a State of the United States of America, the consent of the authorities of the State, as well as the consent of the federal authorities, shall be required for the transfer. (2) In exceptional cases, the Parties may agree to a transfer even if the time to be served by the sentenced person is less than that specified in paragraph 1(d) of this Article.