2
CONSENTANG JA
II Comments on Articles of the Draft Treaty
Art 1: Scope of Assistance
Para 2(F): 'exercising requests for searches and
seizures'
Comments: Need to ensure that any such request will be
accompanied by full justifications. (Art 14.1 has
provided for the request to include 'the information
justifying' search, seizure and delivery of any article to the Requesting Party.)
Para 2(G):
'immobalizing criminally obtained assets'
Comments: Is this acceptable if we apply the double
criminality safeguard?
There is the question of responsibility in the event of
assets being wrongfully frozen.
Para 2(H): ' assisting in proceedings related to
forefeiture, restitution and collection of fines'
Comments: Should Hong Kong assist in collection of
fines?
Regarding drug related assets, do we not have provision
already under the new legislation?