(d)
(e)
(f)
paragraph 5 of certified to
the orders
makes provision for the admissability documentary evidence in applications High Court in connection with confiscation
and proceedings
in designated
jurisdictions;
paragraph 6 provides that a request for assistance from a designated jurisdiction is to be deemed authority for the Attorney General to act for that jurisdiction, thus avoiding the necessity to obtain express authority in each case from the government of the designated jurisdiction for the Attorney General to represent it;
paragraph 7 provides a mechanism to enable Hong Kong to give credit for property recovered abroad in satisfaction of a Hong Kong confiscation order since, under the arrangements negotiated with designated jurisdictions such property would normally remain where it was recovered;
paragraph 8 makes provision for currency conversion, both for the purpose of assessing the value of property recovered abroad in satisfaction of a Hong Kong confiscation order, and for the purpose of enforcement in Hong Kong of an external confiscation order expressed in a currency other than that of Hong Kong.
Modifications to the Ordinance
16
Modifications to the Ordinance are required to remove provisions which relate solely to Hong Kong orders and related proceedings, and to adapt other provisions to make them applicable to the circumstances of confiscation orders and related proceedings in designated jurisdictions. modifications are specified in Schedule 2 to the Order, and for the convenience of courts, practitioners and other users of the provisions in Hong Kong
Kong and abroad the whole Ordinance as
modified is set out in Schedule 3 to the Order.
These
lad separately.
Revised Draft Model Agreement
17
We believe that our draft model agreement could be improved to facilitate negotiations with other countries and territories with whom we wish to establish reciprocal arrangements. The most significant changes proposed (Annex F) are explained below.
18
Article 4
substantially to
(Contents of Requests) has been expanded provide more comprehensive details of information and documentation that should accompany all requests
for assistance.