On signing an Agreement between the Republic of Kazakhstan and the Hong Kong Special Administrative Region of the People's Republic of China on the extradition of Fugitive criminals
Decree of the President of the Republic of Kazakhstan dated February 18, 2026 No. 1178.
In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE: 1. To approve the attached draft Agreement between the Republic of Kazakhstan and the Hong Kong Special Administrative Region of the People's Republic of China on the extradition of fugitive criminals. 2. To authorize the Prosecutor General of the Republic of Kazakhstan, Berik Nogaiuly Asylov, to sign on behalf of the Republic of Kazakhstan an Agreement between the Republic of Kazakhstan and the Hong Kong Special Administrative Region of the People's Republic of China on the extradition of Fugitive Criminals, authorizing amendments and additions that are not fundamental. 3. This Decree shall enter into force from the date of its signing.
President of the Republic of Kazakhstan
K. Tokaev
Approved by Decree of the President of the Republic of Kazakhstan on February 18, 2026 No. 1178
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Agreement between the Republic of Kazakhstan and the Hong Kong Special Administrative Region of the People's Republic of China on the Extradition of Fugitive Criminals
The Republic of Kazakhstan and the Hong Kong Special Administrative Region of the People's Republic of China (hereinafter referred to as the Hong Kong Special Administrative Region), duly authorized to conclude this Agreement by the Central People's Government of the People's Republic of China, hereinafter referred to as the "Parties", wishing to create a basis for the mutual extradition of fugitive criminals, have agreed as follows:
Article 1
Obligation to issue
The Parties, in compliance with the provisions of this Agreement and their laws, undertake to extradite to each other any person who is being prosecuted or convicted of a crime provided for in Article 2 of this Agreement, committed within the jurisdiction of one Party and established within the jurisdiction of the other Party.
Article 2
Applicable crimes
1. Extradition must be granted for an offence: (a) which is punishable under the laws of both Parties by imprisonment or other form of imprisonment for a period of more than one (1) year or a more severe penalty, and (b) for which extradition is permitted under the laws of the Requested Party. 2. Each Party submits to the other Party a list of crimes for which extradition may be granted in accordance with its legislation. Each Party shall transmit such a list no later than the date on which it notifies the other Party in accordance with paragraph 1 of Article 22 of this Agreement that the procedures for the entry into force of this Agreement have been completed. Each Party shall immediately inform the other Party of any subsequent changes to such list. 3. For the purposes of this article, when determining whether an act is a crime under the laws of both Parties: (a) it does not matter whether the legislation of the Parties classifies the act constituting the crime into the same category of crimes or whether the crime is designated by the same or a different terminology; and (b) the totality of the alleged acts against a person is taken into account. the extradition of which is requested, and it does not matter whether the constituent elements of the crime differ in accordance with the legislation of the Parties. 4. If extradition is requested for the purpose of executing a court sentence, the remaining term of imprisonment or imprisonment must be at least six (6) months. 5. If the extradition of a person is requested for the purpose of enforcing a court verdict, the Requested Party may refuse to extradite the person in case of conviction in absentia, unless the Requesting Party provides guarantees for a review of the case in his presence in order to ensure his rights to defense. 6. Extradition must be granted for a crime committed outside the territory of the Requesting Party, provided that the legislation of the Requested Party allows criminal prosecution for the same crime committed outside its territory.
Article 3
Extradition of citizens
1. The Hong Kong Special Administrative Region reserves the right to refuse to extradite citizens of the People's Republic of China. The Republic of Kazakhstan reserves the right to refuse to extradite its citizens. 2. When the Requested Party uses this right, the Requesting Party may request that the case and related evidence, documents and decisions be transferred to the authorities of the Requested Party to resolve the issue of criminal prosecution of the person. This Party shall inform the Requesting Party of any actions taken and the results of the criminal prosecution. 3. Nationality is determined at the time of the commission of the crime for which extradition is requested.
Article 4
Mandatory grounds for refusal of extradition
1. A person may not be extradited if the Requested Party has reasonable grounds to believe: (a) that the crime for which the person is wanted is a crime of a political nature; or (b) that the extradition request is for the purpose of criminalizing or punishing a person based on race, religion, nationality or political beliefs, or that the situation of this person may be worsened for any of these reasons. 2. If a person has been acquitted, convicted, pardoned, or the criminal prosecution against him has been terminated or the conviction has been overturned in accordance with the legislation of the Requested Party for the crime specified in the request, then he should not be extradited for this crime. 3. A person is not subject to extradition if: a) in the case of a request, extradition to the Republic of Kazakhstan would significantly contradict the sovereignty, national security, public order, defense or foreign affairs issues or other essential interests of the Republic of Kazakhstan; or b) if requested, extradition to the Hong Kong Special Administrative Region would be substantially contrary to the sovereignty, national security, public order, defense or foreign affairs issues, or other essential interests of the People's Republic of China. 4. A person may not be extradited for a war crime that is not a crime under general criminal law.
Article 5
Optional grounds for refusal of extradition
Extradition may be refused if the Requested Party considers that: (a) the crime was committed within the jurisdiction of the Requested Party; (b) extradition may lead to a violation by the Requested Party of its obligations under an international treaty; (c) in the circumstances of the case, extradition would be incompatible with considerations of humanity due to age, health or other personal circumstances. the person being sought; or (d) extradition does not comply with the legislation of the Requested Party.
Article 6
Postponement of extradition and temporary extradition
1. If an extradition request is made against a person who is being prosecuted in the Requested Party, the Requested Party: (a) begins extradition proceedings after the completion of criminal proceedings against such person; or (b) if such person is sentenced to imprisonment, may initiate extradition proceedings and temporarily extradite that person to the Requesting Party for the purpose of criminal prosecution. 2. If an extradition request is sent against a person serving a sentence in accordance with the legislation of the Requested Party, that Party may temporarily extradite such person to the Requesting Party for the purpose of criminal prosecution. 3. In the case of temporary extradition, the person is held in custody by the Requesting Party and returned to the Requested Party after the completion of proceedings against him in accordance with the conditions agreed by the Parties.
Article 7
Central authorities
1. For the purposes of this Agreement, the central authority on the part of the Republic of Kazakhstan is the Prosecutor General's Office, the central authority on the part of the Hong Kong Special Administrative Region is the Secretariat of Justice or a person authorized by the Secretariat of Justice. 2. The central authorities of the Parties shall interact with each other directly and consider extradition requests in accordance with the provisions of this Agreement. 3. In the event of a change in their central authorities, the Parties shall immediately notify each other.
Article 8
Request and supporting documents
1. The request is sent in writing and contains: a) (b) A description of each crime for which extradition is requested, as well as the actions and omissions attributed to the person for each of these crimes, as well as the time and place of their commission, as well as a description of any other information that will facilitate the identification, nationality and location of that person; and (c) The text of the legal norms qualifying the crime and the penalty that may be imposed for it. 2. If the request concerns: (a) The person being prosecuted, a copy of the arrest warrant issued by the court of the Requesting Party or a similar document and any other evidentiary documents, if necessary in accordance with the legislation of the Requested Party, shall be attached to it.; or b) a person convicted in absentia, accompanied by a copy of the arrest warrant issued by the court of the Requesting Party, or similar documents, court decisions regarding the punishment of the person, and any other evidentiary documents, if necessary in accordance with the law of the Requested Party. 3. If the request concerns a convicted person, it shall be accompanied by a copy of the document confirming the conviction or punishment in accordance with the legislation of the Requesting Party, as well as: a) if no punishment has been imposed, a certificate from the relevant court and a copy of the arrest warrant.; or b) if a punishment has been imposed, a certificate stating that the court verdict is to be executed and the part of the sentence to be served.
Article 9
Identification and language of documents
1. The documents attached to the extradition request are accepted as evidence of the facts contained therein, if they are duly certified. Documents are considered duly certified if they are: (a) signed and certified by a judge, magistrate or authorized official of the Requesting Party; and (b) sealed with the official seal of the competent authority of the Requesting Party. 2. A certified translation of the documents attached to the extradition request provided by the Requesting Party is permitted for all purposes of the extradition procedure. 3. All documents submitted in accordance with this Agreement must be translated into the official language of the Requested Party or into English.
Article 10
Additional information
1. If the information provided by the Requesting Party is insufficient for the Requested Party to make a decision in accordance with this Agreement, the latter Party may request the necessary additional information and set a time limit for its receipt. 2. If the wanted person is under arrest and the additional information provided is insufficient in accordance with this Agreement or is not received within the prescribed time, the person may be released. Such release of a person does not prevent the re-arrest and extradition of the wanted person, if additional information is subsequently obtained. 3. If a person is released from custody in accordance with paragraph 2 of this Article, the Requested Party shall notify the Requesting Party as soon as possible.
Article 11
Preliminary arrest
1. In urgent cases, at the request of the Requesting Party, the wanted person may be arrested in advance at the discretion of the Requested Party and in accordance with its legislation. 2. The request for provisional arrest must contain: (a) confirmation of the intention to request the extradition of the person; (b) a certificate of the existence of an arrest warrant or court decision and, if applicable, a verdict against the person; (c) information on the person's identity, nationality and possible location, and a description of the person.; and (d) a brief description of the crime and the circumstances of the case, a certificate of the sentence that has been or may be imposed in connection with the commission of the crime, and, if applicable, the part of that sentence to be served. 3. A request for a preliminary arrest shall be sent in writing through the central authorities or through the International Criminal Police Organization (Interpol). 4. The Requested Party shall immediately inform the Requesting Party of its decision regarding the request for provisional arrest. 5. The preliminary arrest of a wanted person is terminated upon the expiration of forty (40) days from the date of detention, if the extradition request and supporting documents have not been received. The release of a person in accordance with this paragraph does not prevent the re-arrest and extradition of the wanted person, if the extradition request and supporting documents are subsequently received.
Article 12
Competing requests
1. If a Party receives requests for the extradition of the same person from another Party and other jurisdictions, the Requested Party shall make a decision taking into account all circumstances applicable in accordance with its legislation. 2. The requested Party shall notify the other Party of its decision regarding paragraph 1 of this Article, indicating the reasons. 3. For the Hong Kong Special Administrative Region, the provisions of this Agreement do not affect the extradition arrangements between the Hong Kong Special Administrative Region and other jurisdictions of the People's Republic of China.
Article 13
Representation and expenses
1. The Requested Party shall take all necessary measures and cover the costs of the extradition procedure, as well as represent the interests of the Requesting Party in the Requested Party. 2. If the execution of the extradition request requires unforeseen expenses, the Parties shall consult in order to determine how the costs will be covered. 3. The requested Party shall bear the costs associated with the arrest and detention of the wanted person until his extradition. All subsequent costs are borne by the Requesting Party.
Article 14
Face transfer
1. The requested Party, as soon as a decision has been taken on the extradition request, shall inform the Requesting Party of this decision. In case of a complete or partial refusal to satisfy the request, the reasons must be indicated. 2. If a person is to be extradited, he or she is transferred by the authorities of the Requested Party to an acceptable place agreed by the Parties in the Requested Party. 3. The requested Party shall inform the Requesting Party of the length of time during which the wanted person was held in custody in connection with the extradition request. 4. Subject to the provisions of paragraph 5 of this Article, the Requesting Party must receive the person within a period determined by the Requested Party, and if the person is not received or removed within that period, the Requested Party may refuse to extradite the person for the same offence. 5. If circumstances beyond the control of one of the Parties prevent any Party from transferring or receiving this person, it must notify the other Party about this. In this case, the Parties shall agree on a new transfer date and apply the provisions of paragraph 4 of this article.
Article 15
Transfer of items
1. In accordance with the legislation of the Requested Party, upon granting a request for the extradition of a person, the Requested Party: (a) transfers to the Requesting Party all items, including monetary amounts: (i) that may be required as evidence of the commission of a crime; or (ii) that were acquired by the wanted person as a result of the commission of a crime and are in his possession or discovered subsequently; (b) If the specified items are subject to seizure or confiscation in the Requested Party in connection with ongoing proceedings, may temporarily postpone them or transfer them, provided that they are returned. 2. The provisions of paragraph 1 of this Article shall not prejudice the rights of the Requested Party or any third parties other than the wanted person. If such rights exist, after the completion of the relevant proceedings, these items should be returned free of charge as soon as possible at the request of the Requested Party. 3. At the request of the Requesting Party, these items may be transferred to that Party, even if extradition cannot be carried out.
Article 16
Special rule
1. A person who has been extradited may not be prosecuted, detained, convicted or subjected to any other restriction of personal freedom by the Requesting Party for any crime committed prior to his extradition, except for: (a) the crime for which extradition has been granted; (b) an offence, regardless of its description, based essentially on the same facts in respect of which his extradition was granted, provided that such an act is an offence for which he could have been extradited in accordance with this Agreement, and this offence is punishable by a penalty not more severe than that for the offence for which he was extradited; (c) any other offence for which extradition may be granted in accordance with this Agreement, in respect of which the Requested Party has given its written consent. 2. Paragraph 1 of this Article shall not apply if the person had the opportunity to exercise his right to leave the Requesting Party and did not do so within the time allowed by the legislation of the relevant Party, or after leaving it, voluntarily returned to the Requesting Party. 3. For the purposes of subparagraph (c) of paragraph 1 of this Article, the Requested Party may require the submission of any document referred to in Article 8 of this Agreement.
Article 17
Re-extradition
1. An extradited person may not be re-extradited to another jurisdiction for a crime committed prior to his extradition, except in cases where: (a) the requested Party consents to such extradition; or (b) he had the opportunity to exercise his right to leave the Requesting Party, but did not do so within the time allowed by law. of the relevant Party, or having left it, voluntarily returned to the Requesting Party. 2. For the purposes of subparagraph (a) of paragraph 1 of this Article, the Requested Party may require the submission of any document referred to in Article 8 of this Agreement.
Article 18
Transit
Transit through the territory of the Party within the limits permitted by law may be permitted upon written request.
Article 19
Notification of results
At the request of the Requested Party, the Requesting Party must provide the Requested Party with information as soon as possible on the criminal prosecution or enforcement of the court sentence imposed on the extradited person, or information on the extradition of this person to a third jurisdiction.
Article 20
Relation to other agreements
The provisions of this Agreement do not prevent either Party from cooperating in accordance with the provisions of other applicable international treaties to which they are parties, laws and practices.
Article 21
Consultations and dispute resolution
1. Upon request, the central authorities shall hold joint consultations on the interpretation, implementation and application of this Agreement. 2. If the central authorities are unable to reach an agreement on their own, any differences arising from such consultations are resolved through diplomatic channels.
Article 22
Final provisions
1. Each Party shall notify the other Party in writing through official channels of the completion of its internal procedures required for the entry into force of this Agreement. The Agreement shall enter into force thirty (30) days after the date of receipt of the last notification. 2. This Agreement may be amended by mutual written consent of the Parties. Such amendments shall enter into force in accordance with paragraph 1 of this article. 3. This Agreement remains in force indefinitely. Either Party may terminate this Agreement at any time by notifying the other Party in writing. In this case, the termination shall take effect one hundred eighty (180) days after the date of receipt of such notification. IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement. Committed in ________________________ 20 _____ in two copies, each in Kazakh, Chinese and English, all texts being equally authentic. In case of disagreement in the interpretation of this Agreement, the English text shall prevail.
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For the Republic of Kazakhstan
For the Hong Kong Special Administrative Region of the People's Republic of China
President
Republic of Kazakhstan
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