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Chaninat & Leeds assisted with preparation of this page. Managed by an American lawyer, the law firm practices family, business and immigration law, and houses staff specializing in international criminal law in Thailand  and matters of extradition.


Rule of Speciality

1. A person extradited under this Treaty shall not be detained, tried or punished in the territory of the Requesting Party for an offence other than that for which extradition has been granted, nor be extradited by that Party to a third State, unless:
(a) that person has left the territory of the Requesting Party after extradition and has voluntarily returned to it;
(b) that person has not left the territory of the Requesting Party within thirty days after being free to do so; or
(c) the Requested Party has consented to detention, trial, or punishment of that person for an offence other than that for which extradition was granted, or to extradition to a third State. For this purpose, the Requested Party may require the submission of any document or statement mentioned in Article 7, including any statement made by the extradited person with respect to the offence concerned.
2. These stipulations shall not apply to offences committed after extradition.

Handing over of Property

1. The Requested Party shall, insofar as its law permits and at the request of the Requesting Party, seize and upon the granting of the extradition hand over property:
(a) which may be required as evidence; or
(b) which has been acquired as a result of the offence and which, at the time of the arrest, is found in the possession of the person claimed or is subsequently discovered.
2. The property mentioned in paragraph 1 of this Article shall be handed over even if extradition, having been granted, cannot be carried out due to the death, disappearance, of escape of the person claimed.
3. When the said property is liable to seizure or confiscation in the territory of the Requested Party, the Requested Party may, in connection with pending criminal proceeding, temporarily retain it or hand it over on condition that it be returned.
4. Any right which the Requested Party or any State or individual may have acquired in the said property shall be preserved. Where these rights exist, the property shall be returned without charge to the Requested Party at its request as soon as possible after the trial.


1. When a person is to extradited to a Contracting Party from a third State through the territory of the other Contracting Party, the former Contracting Party shall request the latter to permit the transit. No such authorization is required where air transportation is used and no landing is scheduled on the territory of the other Contracting Party.
2. The Requested Party shall grant the request for transit made by the other Contracting Party, provided that it is not against its law.

Notification of Result

The Requesting Party shall notify the Requested Party in time of the information relating to the prosecution against. the trial of and the execution of punishment upon the person sought or the re-extradition of that person to third State.

Assistance and Expenses

1. The Requested Party shall appear on behalf of the Requesting Party and conduct and carry out any proceedings arising out of a request for extradition.
2. Expenses incurred in the territory of the Requested Party by season of extradition, up to the moment of surrender of the person to be extradited, shall be borne by that Party.

Relationship with Multilateral Conventions

This Treaty shall not affect any rights enjoyed and any obligations assumed by the Contracting Parties under any multilateral convention.

Settlement of Disputes

Any dispute arising from the implementation or interpretation of this Treaty shall be settled by consultation or negotiation

Ratification, Entry into Force and Duration

1. This Treaty is subject to ratification. The instruments of ratification shall be exchanged at Bangkok. This Treaty shall enter into force thirty days after the exchange of the instruments of ratification.
2. Either Contracting Party may terminate this Treaty by giving written notice to the other Contracting Party through the diplomatic channels. This Treaty will remain in force until six months after the date on which the other Contracting Party receives such notice. The termination of this Treaty shall not prejudice any extradition proceedings commenced prior to the termination.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective States, have signed this Treaty.

DONE in duplicate at Beijing on this 26th day of August 1993, in the Thai. Chinese and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.

          For the Kingdom of Thailand                For the People’s Republic of China

Squadron Leader
               (Prasong Soonsiri)                                          (Qian Qichen)
           Minister of Foreign Affair              Vice-Premier and Minister of Foreign Affairs

Index Page
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This legislation is the Official Translation of the Office of the Narcotics Control Board


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