TNAG-1993-FCO40-2840-Prisoners-in-Hong-Kong-1989 — Page 14

12.

13

(4)

Where, pursuant to a request for assistance, a person is to give evidence for the purpose of proceedings in the

Requesting Party, the parties to the relevant proceedings in

the Requesting Party, their legal representatives or

representatives of the Requesting Party may, subject to the laws of the Requested Party, appear and question the person

giving that evidence.

(5)

A person who is required to give evidence in the

Requested Party pursuant to a request for assistance may

decline to give evidence where either:

(a)

the law of the Requested Party would permit that

witness to decline to give evidence in similar

circumstances in proceedings which originated in

the Requested Party; or

(b) where the law of the Requesting Party would

permit him to decline to give evidence in such

proceedings in the Requesting Party.

(6)

If any person claims that there is a right to decline

to give evidence under the law of the Requesting Party, the

Requested Party shall with respect thereto rely on a

certificate of the Central Authority of the Requesting Party.

ET 358d

62:2 22-11 68.

XH

3SNOH INO 000