Sri Lanka Consolidated Acts

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Fugitive Persons Act (No. 29 of 1969) - Sect 6

General restrictions on return of fugitive persons

6.
(1) A fugitive person shall not be returned under this Act to any designated country, of committed to or kept in custody for the purposes of such return, if it appears to the Minister, to the court of committal, or to the Supreme Court on any application for habeas corpus or for review of the order of committal,-
(a) that the offence of which that person is accused or was convicted is an offence of a political character;
(b) that the request for his return, though purporting to be made on account of a relevant offence, is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality, caste of political opinions; or
(c) that he might if returned, be prejudiced at hi trial or punished, detained or restricted in his personal liberty by reason of his race religion, nationality, caste or political opinions.
(2) A fugitive person accused of any offence shall not be returned under this Act to any designated country, or committed to or kept in custody for the purposes of such return, if it appears, as provided in sub-section (1) of this section, that if charged with that offence in Ceylon he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction.
(3) A fugitive person shall not be returned under this Act to any designated country, or committed to or kept in custody for the purposes of such return unless provision is made by the law of that country or by the extradition arrangement with that country for securing that he will not, unless he has first been restored or had an opportunity of returning to Ceylon, be dealt with in that country for or in respect of any offence committed before his return under this Act, other than-
(a) the offence in respect of which his return under this Act is requested;
(b) any lesser offence proved by the facts established before the court of committal; or
(c) any other offence, being a relevant offence in respect of which the Minister may consent to his being so dealt with.
(4) The reference in this section to an offence of a political character does not include an offence against the life or person of-
(a) the Head of the Commonwealth; or
(b) the head of any country, other than a commonwealth country, by whatsoever name or designation called,


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