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发表于 2021-11-22 13:11:52
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Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made
upon ratification, acceptance, approval or accession.)
China
Reservation:
The People's Republic of China makes a reservation with regard to Article 35, paragraph 2 of the Convention and is not bound by the provisions of Article 35, paragraph 2.
Notifications made under articles 5 (3), 16 (5), 18 (13) and (14), and 31 (6).
(Unless otherwise indicated, the notifications were made
upon ratification, acceptance, approval or accession.)
China
29 March 2006
"In accordance with the provisions of paragraph 13 of Article 18 of the United Nations Convention against Transnational Organized Crime, the Ministry of Justice and the Ministry of Public Security of the People's Republic of are designated as the central authorities that have the responsibility and power to receive requests for legal assistance. The address of the Ministry of Justice is: 10 Chaoyangmen Nandajie, Chaoyang District, Beijing, , 100020; and the address of the Ministry of Public Security is: 14 Dong Chang'anjie, Dongcheng District, Beijing, , 100741.
In accordance with the provisions of paragraph 14 of Article 18 of the Convention, Chinese is the only language acceptable to the People's Republic of China for the written requests for legal assistance."
3 June 2008
“1. Regarding paragraph 3 of Article 5 of the United Nations Convention against Transnational Organized Crime, pursuant to the criminal law of China, a person commits a crime if he/she participates in terrorist group(s) or in organization(s) in the nature of criminal syndicate. Constitution of such crime doesn’t require that he/she commits a specific criminal activity. With regard to participation in other organized crime, the specific activity committed by the participant shall be considered as constitutive element of crime concerned.
2. Regarding the question in paragraph 5 of Article 16 of the Convention that whether States Parties make extradition conditional on the existence of extradition treaty and take this Convention as the legal basis for cooperation on extradition, China may carry out cooperation on extradition with other State on the basis of reciprocity and doesn’t make extradition conditional on the existence of extradition treaty. Furthermore, the Convention could be the legal basis for China to cooperate with other States Parties on extradition.
3. Regarding paragraph 6 of Article 31 of the Convention, China has not yet specifically designated the authority or authorities that can assist other States Parties in developing measures to prevent transnational organized crime.”
30 November 2012
1. The Ministry of Foreign Affairs of the People’s Republic of China is designated as the communication authority for cooperation on extradition for the purpose of Article 16 of the Convention.
Address: No. 2 Chao Yang Men Nan Da Jie, Chao Yang District, Beijing, .
2. With regard to Hong Kong Special Administrative Region, the Secretary for Justice of the Department of Justice of Hong Kong Special Administrative Region is designated as the competent authority for cooperation on surrender of fugitive offenders for the purpose of Article 16 of the Convention.
Address: 47/F High Block, Queensway Government Offices, 66 Queensway, Hong Kong.
3. With Regard to Macao Special Administrative Region, the Office of the Secretary for Administration and Justice of Macao Special Administrative Region is designated as the competent authority for cooperation on surrender of fugitive offenders for the purpose of Article 16 of the Convention.
Address: Sede do Governo da RAEM, Avenida da Praia Grande, Macao.
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