13

may,

subject to the laws of the Requested Party, appear and question the person giving that evidence.

(5)

A person who is required to give evidence in the Requested Party pursuant to a request for assistance may decline to give evidence where either:

(a)

the

law of the Requested Party would

permit that witness to decline to give

evidence in similar circumstances in

proceedings which

originated in

the

Requested Party; or

(b)

where the law

the Requesting Party

would permit him to decline to give

evidence in such

Requesting Party.

proceedings in the

(6)

If any person claims that there is a right to

decline to give evidence under the law of the Requesting

Party, the

Requested Party shall with respect thereto rely on a certificate of the Central Authority of the Requesting

Party.

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