TNAG-1827-FCO40-2595-Mutual-legal-assistance-between-Hong-Kong-and-the-UK-and-USA-1988 — Page 22

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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The Requested Party shall promptly inform the Requesting Party of any circumstances which are likely to cause a significant delay in responding to the request.

3.

4.

The Requested Party shall promptly inform the Requesting Party of a decision of the Requested Party not to comply in whole or in part with a request for assistance and the reason for that

decision.

5.

The Requesting Party shall promptly inform the Requested Party of any circumstances which may affect the request or its execution or which may make it inappropriate to proceed with giving effect to

it.

ARTICLE 6

REFUSAL OF ASSISTANCE

1.

Assistance shall be refused if the request relates to an offence in respect of which:

(a) the person has been finally acquitted or pardoned;

or

2.

(b) the person has served any sentence imposed and any order made as a result of the conviction has been

satisfied.

Assistance may be refused if:

(a)

the Requested Party is of the opinion that the request, if granted, would seriously impair its sovereignty, security, national interest or other essential interests; or

(b) provision of the assistance sought could prejudice an investigation or proceedings in the territory of the Requested Party, prejudice the safety of any person or impose an excessive burden on the resources of that Party.

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