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ARTICLE 4
FORM AND CONTENTS OF REQUESTS
A request for assistance shall be in writing except that the Central Authority of the Requested Party may accept a request in another form in emergency situations. In any such case, the request shall be confirmed in writing within ten days thereafter unless the Central Authority of the Requested Party agrees otherwise. The request shall be in the language of the Requested Party unless otherwise agreed.
The request shall include the following:
A) the name of the authority conducting the investigation,
prosecution, or proceeding to which the request relates;
B)
C)
D)
a description of the subject matter and nature of the investigation, prosecution, or proceeding, including the specific criminal offenses which relate to the matter;
a description of the evidence, information, or other assistance sought; and
the purpose for which the evidence, information, or other assistance is sought.
To the extent necessary and possible, a request shall also include:
A) the identity and location of any person from whom evidence
is sought;
B)
C)
D)
E)
the identity and location of a person to be served, that person's relationship to the proceedings, and the manner in which service is to be made;
information on the identity and whereabouts of a person to be located;
a precise decription of the place or person to be searched and of the articles to be seized;
a description of the manner in which any testimony or statement is to be taken and recorded;
F)
a list of questions to be asked of a witness;
G)
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a description of any particular procedure to be followed in executing the request;
information as to the allowances and expenses to which a person asked to appear in the territory of the Requesting Party will be entitled; and
any other information which may be brought to the attention of the Requested Party to facilitate its execution of the request.
DRAFT J.S.-HONG KONG MLAT TEXT, NOVEMBER 22, 1988
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