12)
13)
14)
15)
Fall Back
Concede "shall" for sub-paragraph a) and ask for "may" for subsequent sub-paragraphs. It would then read:
"1) The Requested Party shall refuse assistance if
the request for assistance impairs the sovereignty
its foreign affairs.
2) The Requested Party may refuse assistance if:
a) the request for assistance relates to an
offence of a political character; etc".
NB "Etc" refers to subsequent sub-paragraphs c) to h), relettered as b) to i).
Sub-paragraph a)
UK to ask HK what is meant by "public order". What is the distinction between "public order" and "essential interests" in (f)? Would "essential interests" refer only to the interests of the HKSAR or would it include the interests of the PRC? UK would wish in sub-paragraph (f) to delete the word "seriously" in the phrase "seriously impair its essential interests".
Sub-paragraph b)
UK to propose expanding this to replace "an offence of a political character" by "a political offence or an offence connected with a political offence.".
[Home Office: is this an important point or may we concede it? cf Extradition Act 1989, section 6(1)(a)].
Sub-paragraph q)
UK to propose deleting this as a ground for refusal of assistance. Would prefer to have stricter confidentiality provisions (NB Article VIII Limitations on Use of Information).
Sub-paragraph h)
UK to point out this paragraph needs to be modified to cover double criminality if fiscal offences are to be included within the scope of the agreement (see Article 1(3)). UK proposes new additional language to add at the end of h).
"or in the case of fiscal offences, the acts or omissions would not, if they had taken place in the jurisdiction of both Parties, have constituted an offence.".
[Customs & Excise and Inland Revenue please consider the above amendment and, if you wish, provide an alternative and/or additional briefing.].