TNAG-1827-FCO40-2595-Mutual-legal-assistance-between-Hong-Kong-and-the-UK-and-USA-1988 — Page 35

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Chapter 2

SERVICE OF PROCESS AND INVESTIGATION

Article 13 Scope

FOR EVIDENCE IN CIVIL CASES

Both contracting parties should, upon request, mutually serve

judicial process and documents extra judicium, inquire of parties concerned,

witnesses and verifiers, conduct verification and judicial examination,

and collect other evidence.

Article 14 Execution of Requests

1.

If an authority of the requested contracting party considers

itself as not having the power to execute the requests, it should refer

the request to the competent authority which has the power to execute

same and inform the requesting contracting party accordingly.

2.

The authority of the requested contracting party, in case of

inability to execute the request at the address as shown in the letter of

request, should take appropriate measures to ensure the correct

address so as to accomplish the request; and if necessary, it can ask the

requesting contracting party to provide additional information.

3.

In case of inability to execute the request due to failure

to verify the address, the authority of the requested contracting party

should inform the requesting contracting party, give specific reasons and

return the documents attached to the requesting contracting party.

Article 15 Notification of the Execution

1.

The competent authority of the requested contracting party

should, in accordance with the channels provided for in Article 6,

sub. (1) of this Agreement, inform the competent authority of the

requesting contracting party of the date and address of serving process,

and investigating for evidence, and attach acknowledgement of service

to the evidence obtained.

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