CONFIDENTIAL
ARTICLE 8
RESTRAINT OF PROPERTY LIABLE TO CONFISCATION
1.
Where proceedings have been or are to be instituted in the courts of a Party which may result in a confiscation order being made there, that Party may request that restraint action be taken in the courts of the Requested Party for the purpose of ensuring that property is available to satisfy any such order.
2.
3.
(a)
(b)
(c)
A request made under this article shall include :
the grounds for believing that any person specified under Art. 4(1)(a) is involved in drug trafficking; and
full particulars of the property to be restrained, specifying the person or persons holding such property and its connection with any person specified under Art. 4(1)(a); and
details of any relevant order made by a court of the Requesting Party, in the course of proceedings specified in Article 4(1)(b), and where proceedings have not been instituted, a statement that it is intended to lay charges, and when and in what form it is intended to do so.
Where the restraint of property has been ordered pursuant to this Agreement but there is a representation in proceedings before a court or to the Central Authority of the Requested Party by a person affected by the order, that Party shall inform the Requesting Party as soon as possible and shall also inform it promptly of the outcome of that representation.
ARTICLE 9
ASSISTANCE IN ENFORCING THE CONFISCATION OF PROCEEDS
1.
This article applies to an order made by a court of the Requesting Party for the purpose of recovering the proceeds of drug trafficking including :
(a)
in relation to H.K., a confiscation order made as a result of a conviction for a drug trafficking offence;
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