TNAG-1921-FCO40-2726-Mutual-legal-assistance-between-the-UK-and-Hong-Kong-1989 — Page 104

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

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Art 3: Limitations on Assistance

Comments:

Paras 2 and 3: The Requested Party should have the

right to deny assistance on the grounds of

interference with current legal proceedings.

Art 6: Costs

Comments: Should we seek modification to the effect

that where the costs borne by the Requested Party are disproportionately high, the Requested Party will be

able to raise the issue with the Requesting Party and

seek redress?

Art 7:

Limitations on Use

Art 9: Records of Government Agencies

Comments: No objection since Para 2 of Art 9 has

provided that the Requested Party may, at its

discretion, deny a request for government documents,

records, or information?

Art 11: Transfer of Persons in Custody

Comments: No problem since the Requested Party has the

right to refuse a transfer?

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