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機密

CONFIDENTIAL #

18

International Assistance in Criminal Matters:

Grounds for refusing assistance

ANNEX B

In addition to the safeguards which it is proposed would apply to particular heads of assistance, it is intended to propose in negotiations with other jurisdictions that there should be the following mandatory grounds for refusing assistance, many of which are germane to the China dimension-

a)

The absence of

don't

double criminality

double criminality, i.e. that the

conduct in question would have constituted an offence in the requested

jurisdiction if it had occurred there,

will be a ground for refusing

assistance;

ey

ال

-wit strict me

get

རི།

too huing this, esp. for

day trafficking offences

LOK extrad, but Les impt here) stater coldly

on

'ordre puski rather На the this: will

make optional

b)

death penalty

Where the request

relates to a prosecution of a person

for an offence that carries the death

penalty assistance shall be refused unless the requesting jurisdiction

undertakes that the death penalty will

not be imposed or, if imposed, not

carried out (1);

-why so? not

extrad?

cmpt distimetry.

don't overdo-

cal wreik having a food system.

"her endence, the

CONFIDENTIAL ##

機密

61 390d

82 ET 21-S 68.

洲 3SNOH INO9 000

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