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 transfer of convicted persons
Decree of the President of the Republic of Kazakhstan dated February 18, 2026 No. 1179.
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 transfer of convicted persons.
2. To authorize the Prosecutor General of the Republic of Kazakhstan, Berik Asylov Nogaiuly, 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 transfer of convicted persons, authorizing amendments and additions that are not of a fundamental nature.
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. 1179
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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 transfer of Convicted Persons
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",
Believing that the legal cooperation of the Parties should contribute to the achievement of the goals of justice and social rehabilitation of convicted persons,
Desiring to cooperate in the transfer of convicts in order to achieve these goals,
We have agreed on the following:
Article 1
Definitions
For the purposes of this Agreement:
a) "punishment" is a measure of punishment involving imprisonment imposed by a court for a certain period or for life for committing a crime;
b) "sentence" - a court decision providing for punishment;
c) "convicted person" means a person serving a sentence of imprisonment in an institution on the basis of a sentence that has entered into legal force.;
(d) "Sentencing party" means the Party in which a sentence has been passed against a person who may be or has been transferred to serve his sentence.;
e) "Party to the execution of the sentence" - the Party to which the convicted person may be or has been transferred for further serving of the sentence.
Article 2
General principles
1. The Parties undertake, in accordance with the provisions of this Agreement, to assist each other in transferring convicted persons from the Sentencing Party to the Executing Party to serve the remainder of the sentence.
2. The transfer of a convicted person is carried out in accordance with the provisions of this Agreement and the legislation of the Parties.
Article 3
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 shall interact with each other directly and consider transfer 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 4
Grounds for refusal
1. The transfer of a convicted person is not carried out, except in cases where:
a) the verdict has entered into legal force;
(b) According to the legislation of the Executing Party, an act for which a penalty has been imposed at the Sentencing Party is a crime that would entail the imposition of a custodial sentence if it had been committed in the territory of the Executing Party.;
c) The Republic of Kazakhstan is a Party to the execution of the sentence, the convicted person is a citizen of the Republic of Kazakhstan;
(d) The Hong Kong Special Administrative Region is a Party to the execution of the sentence, and the convicted person is a permanent resident of the Hong Kong Special Administrative Region;
e) the convicted person gives written consent to the transfer, and if he is unable to freely express his will due to his age, physical or mental condition, the legal representative gives written consent on his behalf.;
f) The Sentencing Party and the Executing Party agree to transfer;
(g) At the time of receipt of the transfer request, the period of imprisonment that the convicted person has yet to serve is more than one year. In exceptional cases, the Parties may agree to transfer if the remaining term of imprisonment is less than one year.;
(h) No criminal or other proceedings are being conducted against the convicted person at the sentencing Site.;
i) the convicted person has fulfilled any financial obligations imposed by the court's decision, or the central authority of the Sentencing Party has received sufficient guarantees for the fulfillment of such obligations.
2. Either Party may refuse to transfer a convicted person if it considers that the transfer may be contrary to its essential interests or legislation. If one of the Parties refuses to transfer, that Party must immediately notify the other Party of the reasons.
Article 5
Transfer of a convicted person
1. The transfer of a convicted person may be carried out at the request of the Sentencing Party or the Execution Party.
2. The Parties shall take the necessary measures to notify convicted persons to whom this Agreement may apply of the provisions of this Agreement.
3. The convicted person has the right to apply for his transfer to the Sentencing Party or the Execution Party.
4. The Sentencing Party or the Executing Party shall notify the convicted person in writing of the decision taken.
Article 6
Transfer Request
1. The request shall be made in writing and include the following:
a) Full name, date and place of birth of the convicted person;
b) if the Republic of Kazakhstan is a Party to the execution of the sentence, a confirmation that the convicted person is a citizen of the Republic of Kazakhstan, accompanied by relevant documents;
c) if the Hong Kong Special Administrative Region is a Party to the execution of the sentence, a confirmation that the convicted person is a permanent resident of the Hong Kong Special Administrative Region, accompanied by the relevant documents.
2. The central authority of the Sentencing Party shall also represent:
a) a certified copy of the verdict, together with a document confirming the entry into force of the verdict, or a copy of the certificate of conviction and sentence in accordance with the legislation of the Sentencing Party;
b) a document indicating the part of the sentence served by the convicted person and the part of the sentence to be served further, as well as any right of the convicted person to commute the sentence;
(c) A summary of the facts on the basis of which the conviction and punishment were imposed, and the text of the legal provisions on the basis of which the person was convicted;
d) the written consent of the convicted person to transfer, and in the case of the inability of the convicted person to freely express his will due to his age, physical or mental condition, the written consent of his legal representative. At the request of the Executing Party, the Sentencing Party, prior to the transfer, provides an opportunity for the official of the Executing Party to ensure that the relevant consent is given voluntarily and with full awareness of its consequences.;
e) if necessary, a certificate of the convicted person's state of health, the specifics of his social behavior, and information about his treatment while serving his sentence.
3. If necessary, the central authorities of the Parties may request additional documents or information before submitting a transfer request or deciding on consent to such transfer.
Article 7
Procedure for transfer of a convicted person
1. The central authority of the Requested Party shall notify the central authority of the Requesting Party of the decision regarding the request for the transfer of a convicted person as soon as possible from the date of receipt of the necessary documents.
2. The place, time and procedure for the transfer of a convicted person shall be determined by mutual agreement between the competent authorities of the Parties.
Article 8
Continuation of execution of punishment
1. After the transfer of the convicted person, the Execution Party ensures that the sentence continues to be served. The execution of punishment is regulated by the legislation of the Executing Party.
2. The executing Party, taking into account the verdict passed by the court of the Sentencing Party, establishes the same punishment in accordance with its legislation.
3. If the punishment by its nature or term does not comply with the legislation of the Executing Party, the said Party has the right to bring the sentence in line with the punishment provided for in its own legislation for a similar crime. The transformed sentence should not be stricter than the one passed by the Sentencing Party. This takes into account the part of the sentence served by the convicted person on the territory of the Sentencing Party.
4. A party to the execution of a sentence has the right to consider a convicted person as a minor if, according to its legislation, the convicted person is a minor, regardless of his status, according to the legislation of the Sentencing Party.
5. The Sentencing Party and the Executing Party have the right to grant pardons and amnesties to the transferred convicted person in accordance with their legislation. Only the sentencing Party has the right to review convictions and punishments imposed by its courts.
6. The sentencing Party shall notify the Executing Party of any decision resulting in the cancellation or reduction of the sentence of the convicted person, including the decision on pardon. The Party executing the sentence modifies or terminates the execution of the sentence from the moment of receiving notification of such a decision by the Sentencing Party.
Article 9
Information about the execution of punishment
1. The executing Party shall inform the Sentencing Party of the following:
a) when the convicted person has been released or died before the end of the execution of the sentence;
b) the convicted person has been granted conditional release;
c) the escape of the convicted person from custody before the end of the execution of the sentence.
2. At the request of the Sentencing Party, the Sentencing Party provides any information requested in connection with the execution of the sentence.
Article 10
Legal status of the transferred person
1. A convicted person who has been transferred to the Execution Party may not be held criminally liable again for the same act or omission for which he was convicted at the Sentencing Party.
2. A convicted person transferred to the Execution Party has the same rights and has the same legal consequences as a person convicted in the Execution Party for committing the same crime.
Article 11
Transit of convicted persons
If either Party transfers the convicted person to a third party or accepts from a third party, the other Party must, subject to its legislation, assist in the transit of the convicted person through its jurisdiction. The Party intending to make such a transfer shall notify the other Party in advance of such transit.
Article 12
Translation and certification of documents
1. All documents sent by one Party under this Agreement to the other Party shall be accompanied by a translation into the official language of the latter Party or into English, unless otherwise agreed by the Parties.
2. In addition to the cases provided for in subparagraph "a)" of paragraph 2 of Article 6 of this Agreement, documents transferred under this Agreement do not need to be certified.
Article 13
Costs related to the transfer
1. In accordance with its legislation, any costs incurred in connection with the application of this Agreement shall be borne by the Executing Party, with the exception of costs incurred solely by the Sentencing Party.
2. The execution party shall bear the costs of:
(a) Transfer of the convicted person, except for expenses incurred solely by the sentencing Party;
b) the continuation of the execution of the sentence after the transfer.
3. A party to the execution of a sentence, in accordance with its legislation, has the right to demand from the convicted person compensation for all or part of the costs of its transfer.
Article 14
Relationship with other international 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 15
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 of the Parties are unable to reach an agreement on their own, any differences arising from such consultations are resolved through diplomatic channels.
Article 16
The validity of the agreement in time
The provisions of this Agreement shall apply to persons convicted both before and after the entry into force of this Agreement.
Article 17
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.
4. Termination of the Agreement does not affect the consideration of transfer requests received prior to the date of termination in accordance with the provisions of this Agreement.
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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