(b) 該被要求移交者因其所犯罪行而取得並由其管有或其後被發現的 物件。
(b) which have been acquired by the person sought as a result of the offence and are in that person's possession or discovered subsequently.
(2) 本條第(1)款所述的任何財產，如屬在被要求方管轄區內進行的訴 訟程序標的物或必要物件，被要求方可暫時保留或在會獲免費歸還的條件 下把財產暫時移交給要求方。
" (2) The requested Party may temporarily retain any property mentioned in paragraph (1) of this Article if it is the subject of, or is required for, proceedings in that jurisdiction, or it may temporarily surrender it on condition that it be returned free of charge."
(3) 此等規定不得損害被要求方的權利或被要求移交者以外的其他人 士的權利。
" (3) These provisions shall not prejudice the rights of the requested Party or of any person other than the person sought.
When such rights exist, the articles shall on request be returned to the requested Party without charge as soon as possible after the end of the proceedings."
如該等權利存在，要求方須應被要求方的要求在訴訟程序結束 後盡快把有關物件歸還被要求方，被要求方無須支付任何費用。
" (3) These provisions shall not prejudice the rights of the requested Party or of any person other than the person sought.
When such rights exist, the articles shall on request be returned to the requested Party without charge as soon as possible after the end of the proceedings."
(4) 如要求方提出要求，則即使由於被要求移交者死亡、失或逃脫 以致未能進行移交，則仍須移交本條第(1)款所提述的財產。
" (4) These property mentioned in paragraph (1) of this Article shall, if the requesting Party so requests, be surrendered even though the person cannot be surrendered owing to death, disappearance or escape."
(1) 已被移交的逃犯，不得為了執行其在被移交前所犯罪行的判刑而 被起訴、判刑或拘留，但因下列罪行者除外︰
" (1) A person who has been surrendered shall not be proceeded against, sentenced or detained with a view to the carrying out of any sentence for any offence committed prior to surrender other than:"
(a) 下令移交該人所根據的罪行；
(a) the offence in respect of which return is ordered;
(b) 任何由該項移交的有關資料所揭露的，不論如何描述，也不論類 別而性質較輕微的罪行，但該項罪行須是根據本協定能把該被求移交者移 交的罪行；
" (b) any lesser offence, however described, disclosed by the facts in respect of which return was ordered, provided such an offence is an offence for which the person sought can be returned under this Agreement;"
(c) 該人所犯的任何其他在本協定下可獲准移交的罪行，而被要求方 亦同意該人接受處置；
(c) any other offence being an offence for which surrender may be granted under this Agreement in respect of which the requested Party consents to the person being dealt with;
但如該人曾有機會離開菲律賓共和國或香港，及在獲得可自由離開的 45天內仍未離開，或在離開後重返該地，則屬例外。
" unless that person has first had an opportunity to leave the Republic of the Philippines or Hong Kong, as the case may be, and has not done so within forty-five days of having been free to leave or has returned after having left."
(2) 根據本條第(1)款(c)段被要求表示同意的一方可要求對方提交本 協定第八條所指的任何文件或說明。
(2) A Party whose consent is requested under paragraph (1)(c) of this Article may required the submission of any document or statement mentioned in Article 8 of this Agreement.
(1) 已由被要求方移交給要求方的一個人不得由於其在被移交前所犯 罪行而遭移交或歸還給任何其他國家或管轄區，除非有以下情況，則屬例 外︰
" (1) When a person has been surrendered to the requesting Party by the requested Party, that person is not liable to surrender or rendition to any other state or jurisdiction for an offence committed before that person's surrender unless:"
(a) 經被要求方同意該項移交或歸還；或
(a) the requested Party consents to that surrender or rendition;
(b) 該人曾有機會離開菲律賓共和國或香港，但在可自由離開的45天 內仍未離開，或在離開後重返該地。
" (b) the person has first had an opportunity to leave Hong Kong or the Republic of Philippines, as the case may be, and has not done so within forty-five days of having been free to leave or has returned after having left."
(2) 根據本條第(1)款(a)段被要求表示同意的一方可要求對方提交本 協定第八條所指的任何文件或說明。
(2) A Party whose consent is requested under paragraph (1)(a) of this Article may require the submission of any document or statement mentioned in Article 8 of this Agreement.
(1) 締約一方接獲書面要求時，可在其法律許可的情況下批准在其管 轄區過境。
" (1) To the extent permitted by its law, transit through the jurisdiction of a Party may be granted on a request in writing.
The Party through whose jurisdiction transit will occur may request the information referred to in paragraph (2)(b) of Article 8 of this Agreement."
在其管轄區過境的一方可要求取得本協定第八條第(2)款(b)段 所指的資料。
" (1) To the extent permitted by its law, transit through the jurisdiction of a Party may be granted on a request in writing.
The Party through whose jurisdiction transit will occur may request the information referred to in paragraph (2)(b) of Article 8 of this Agreement."
(2) 如准許某人過境，該項許可須包括准許該人在過境時被羈留。
" (2) Permission, if given, for the transit of a person shall include permission for the person to be held in custody during transit."
(1) 本協定將於締約雙方以書面通知對方已各自履行為使本協定生效 的規定之日期後三十天開始生效。
(1) This Agreement 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 this Agreement have been complied with.
(2) 本協定的條文將適用於在本協定生效後提出的要求，不論在要求 中所列罪行的犯罪日期。
(2) The provisions of this Agreement shall apply to requests made after its entry into force regardless of the date of commission of the offence or offences set out in the request.
(3) 締約一方可隨時通過與提出移交要求相同的途徑，以書面通知締 約另一方以終止本協定。
(3) Each of the Parties may terminate this Agreement at any time by giving notice in writing to the other through the same channels as a request for the surrender.
In that event the Agreement shall cease to have effect six months after the receipt of notice.
在此情況下，本協定於締約另一方接獲通知後六 個月失效。
(3) Each of the Parties may terminate this Agreement at any time by giving notice in writing to the other through the same channels as a request for the surrender.
In that event the Agreement shall cease to have effect six months after the receipt of notice.
下列簽署人經各自政府正式授權已在本協定上簽字為證。
" In witness whereof the undersigned, being duly authorized by their respective Governments, have signed this Agreement."
本協定於一九九五年一月三十日在香港簽訂，每份均以中文及英文寫 成，各文本均為具有同等效力的真確本。
" Done at Hong Kong, this thirtieth day of January One thousand nine hundred and ninety-five, in the Chinese and English languages, each text being equally authentic."