3
Para 2(1): 'any form of assistance not prohibited by
the laws of the Requested Party.'
Comments: Presumably this sub-para is intended to cover requests for assistance regarding information or
research. Might it not open the door to other requests
including some which Hong Kong may not be prepared to
entertain?
Need to add the safeguard that the Requested Party shall
have full discretion in deciding on the granting of
assistance?
1
Para 3: ...without regard to whether the conduct
constitutes an offence under the laws of the Requested
Party.
1
Comments: This runs contrary to the double criminality rule. Should we not stick to our 'list' approach?
Para 4:
•
right on the part of any private party..
Comments: Should the draft text be expanded to afford
the private party (the defendant) some rights?
Art 2: Central Authorities
Comments: The Hong Kong Central Authority is expected
to be the Attorney General or a person designated by
him. We welcome para 3 which provides for direct
communication betweeen the respective Central
Authorities of the U.S. and Hong Kong.