ARTICLE 16

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ASSISTANCE IN FORFEITURE PROCEEDINGS

1.

2.

If the Central Authority of one party becomes aware of fruits or instrumentalities of offenses which are located in the territory of the other party and may be forfeitable or otherwise subject to seizure under the laws of that party, it may so inform the Central Authority of the other party. If that other party has jurisdiction in this regard it may present this information to its authorities for a determination whether any action is appropriate. These authorities shall issue their decision in accordance with the applicable laws, and shall, through their central authority, report to the other party on the action taken.

The Contracting Parties shall assist each other to the extent permitted by their respective laws in proceedings relating to the forfeiture of the fruits and instrumentalities of offenses, restitution to the victims of crime, and the collection of fines imposed as sentences in criminal prosecutions.

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DRAFT U.S.-HONG KONG MLAT TEXT, NOVEMBER 22, 1988

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