TNAG-1827-FCO40-2595-Mutual-legal-assistance-between-Hong-Kong-and-the-UK-and-USA-1988 — Page 40

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Chapter 4

SERVING OF PROCESS AND INVESTIGATION FOR

Article 22 Scope

EVIDENCE IN CRIMINAL CASES

The contracting parties should, in criminal cases, mutually serve

judicial process and documents extra judicium, hear statements of litigants

and suspects, enquire of the witnesses, victims and verifiers, conduct

verification, inspection and judicial examination, and collect other

evidence.

Article 23 execution and notice of execution of Request

Article 14 and Article 15 of this Agreement are also applicable

to the serving of process and investigation for evidence in criminal cases.

Article 24 Refusal to Provide Judicial Assistance in Criminal Cases

The requested contracting party may refuse to provide judicial

assistance in criminal cases on one of the following grounds :

(1)

(2)

(3)

Article 25

if the requested contracting party considers that the offence

concerned in the request has a political nature or is a military

offence;

according to the laws of the requested contracting party, the

act concerned in the request does not constitute an offence;

the suspect or criminal involved in the request is a national

of the requested contracting party, and he is not within the

territories of the requesting contracting party.

Notification of Result of Criminal Proccedings

Both contracting parties should mutually send to each other

copies of effective sentence (s) passed by their court(s) on the national(s)

of the other party or summaries of such cases.