TNAG-1921-FCO40-2726-Mutual-legal-assistance-between-the-UK-and-Hong-Kong-1989 — Page 79

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

Have agreed as follows:

ARTICLE 1

C

SCOPE OF ASSISTANCE

1. The Parties shall provide mutual assistance, in accordance with the provisions of this Treaty, in connection with the investigation, prosecution, and prevention of offenses, and in proceedings related to criminal matters.

2.

Assistance shall include:

A) taking the testimony or statements of persons;

B) providing documents, records, and articles of

evidence;

C)

serving documents;

D) locating or identifying persons;

E)

F)

G)

transferring persons in custody for testimony or other purposes;

executing requests for searches and seizures;

immobilizing criminally obtained assets;

H)

assisting in proceedings related to forfeiture, restitution, and collection of fines; and

3.

4.

I)

any other form of assistance not prohibited by the laws of the requested Party.

Assistance shall be provided without regard to whether the conduct which is the subject of the investigation, prosecution, or proceedings in the Requesting Party would constitute an offense under the laws of the Requested Party.

This Treaty is intended solely for mutual legal assistance between the Parties. The provisions of this Treaty shall not give rise to a right on the part of any private party to obtain, suppress, or exclude any evidence, or to impede the execution of a request.

DRAFT U.S.-HONG KONG MLAT TEXT, NOVEMBER 22, 1988

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