TNAG-1709-FCO40-2384-Hong-Kong-narcotics-offences-and-drug-trafficking-1988 — Page 152

E/CN. 7/1987/2 Page 8

1.

The Parties, shall bear in mind the serious nature of offences enumerated in paragraph 1 of this article when considering the eventuality of early release or parole of persons convicted of such offences, and shall endeavour to establish adequate provisions governing the statute of limitations applicable to offences related to the illicit traffic so as to deter potential criminals from engaging in this type of criminal activity.

8.

The Parties shall take appropriate measures, consistent with their legal systems, to ensure that a person charged with an offence specified in paragraph 1 of this article, or whose extradition is sought under article! of this Convention, is present at the necessary proceedings. In this regard the Parties shall bear in mind the large sums of money available to traffickers when setting bail.

Article 3 *

IDENTIFICATION, TRACING, FREEZING, SEIZURE AND)

FORFEITURE OF THE PROCEEDS OF ILLICIT TRAFFIC

1. The Parties undertake to prevent and repress the acquisition, possession, transfer or laundering of the proceeds derived from or used in the illicit traffic. To that end, they shall:

(a) Adopt national legislative and administrative measures to facilitate the identification, tracing, freezing, seizure and forfeiture of proceeds;

2.

(b)

Facilitate effective co-ordinated action at the national level; (c) Provide each other with appropriate assistance.

Subject to its constitutional limitations, each Party shall treat as a punishable offence the acquisition, possession, transfer or laundering of proceeds with the knowledge that such proceeds were obtained or derived directly or indirectly from the illicit traffic, irrespective of where such traffic occurred.

3. Having due regard to its constitutional, legal and administrative- systems, each Party shall:

(a) Authorize a court of criminal or civil jurisdiction or other appropriate authority, upon application on its own behalf or on behalf of another Party, to issue an order to freeze and seize proceeds if the court or appropriate authority is satisfied that a punishable offence referred to in paragraph 2 of this article has been committed in any jurisdiction, and when the proceeds are within its own jurisdiction. Freezing or seizing orders:

(i) Shall prohibit the transfer, conversion, disposition or movement

of the proceeds;

(ii)

May be made prior to the institution of formal charges but subject to a reasonable time limit;

*

Refers to element (b)

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