TNAG-1993-FCO40-2840-Prisoners-in-Hong-Kong-1989 — Page 31

(e)

(f)

(g)

CONFIDENTIAL #2

30

10.

granting the request would prejudice the public

interest or if the required party is of the

opinion that the request if granted would

seriously impair its security or essential

interests;

the Requesting Party cannot comply with

conditions

concerning

confidentiality

Or

limitation as to the use of material provided; and

the alleged acts OI omissions would not be an

offence in the

jurisdiction of the

Requested

Party.

16.

be

Article IV (3) provides that assistance may

refused if a request for assistance relates to an offence

which carries the death penalty in the requesting jurisdiction but under the law of the Requested Party is

not 50 punishable or is not normally carried out.

Assistance would normally be given in such circumstances if the Requesting Party gives adequate assurances that the death penalty would not be carried out.

17.

The model agreement preserves the right of

witnesses to claim privilege (Article IX(5)) and grants

prosecution for previous offences

them immunity from

CONFIDENTIAL #

機密

£0 358

DD:L 22-TT 68.

XH

3SNOH IA09 000