ARTICLE 8
TAKING TESTIMONY OR EVIDENCE
IN THE TERRITORY OF THE REQUESTED PARTY
1.
2.
3.
4.
5.
A person in the territory of the Requested Party from whom evidence is requested pursuant to this Treaty shall be compelled, if necessary, to appear and testify or produce documents, records, or articles or evidence.
Upon request, the Central Authority of the Requested Party shall furnish information in advance about the date and place of the taking of the testimony of evidence pursuant to this article.
The Requested Party shall permit the presence of such persons as specified in the request during the execution of the request, and shall allow such persons to question the person whose testimony or evidence is being taken.
If the person referred to in Paragraph 1 asserts a claim of immunity, incapacity, or privilege under the laws of the Requesting Party, the testimony or evidence shall nonetheless be taken and the claim made known to the Central Authority of the Requesting Party for resolution by the authorities of that Party.
Documents, records, and articles of evidence produced in the territory of the Requested Party pursuant to this article or which are the subject of testimony taken under this article may be authenticated by an attestation, including, in the case of business records, authentication in the manner indicated in Form A appended to this Treaty. Documents authenticated by Form A shall be admissible in evidence in the Requesting Party as proof of the truth of the matters set forth therein.
DRAFT 1.S.-HONG KONG MLAT TEXT, NOVEMBER 22, 1988