TNAG-1993-FCO40-2840-Prisoners-in-Hong-Kong-1989 — Page 8

6.

(2)

For the purpose of paragraph (1)(e) the Requested Party may include in its consideration of public interest whether the provision of assistance could prejudice the safety of any person or impose an excessive burden on the resources of the Requested Party.

(3)

The Requested Party may refuse assistance if the request relates to an offence which carries the death penalty in the Requesting Party but in respect of which the death penalty is not provided for in the Requested Party or, if provided, is not normally carried out, Assistance may however be granted if the Requesting Party gives such assurances as the Requested Party considers sufficient that the death penalty will not be imposed or, if imposed, not carried out.

(4)

The Requested Party may postpone assistance if execution of the request would interfere with an ongoing investigation or prosecution in the Requested Party.

(6)

Before denying or postponing assistance pursuant to this Article, the Requested Party, through its Central Authority -

(a)

shall promptly inform the Requesting Party of the reason for considering denial or

postponement;

and

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(b) shall consult with the Requesting Party to

determine whether assistance may be given

subject to such terms and conditions as the

Requested Party deems necessary.

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(7)

If the Requesting Party accepts assistance subject to the terms and conditions referred to in paragraph (6)(b), it shall comply with those terms and conditions,

ARTICLE V

REQUESTS

(1)

Requests shall be made in writing except in urgent

cases. In urgent cases, requests may be made orally, but shall be confirmed in writing within 10 days thereafter.

(2)

Requests for assistance shall include:

(a)

(b)

the name of the authority on behalf of which the

request is made;

a description of the purpose of the request and the nature of the assistance requested;

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(c)

8.

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a description of the nature of the

investigation, prosecution, offence or criminal matter and whether or not proceedings have been instituted;

(d)

where proceedings have been instituted, details of the proceedings;

(e)

a summary of the relevant fact and laws;

(£)

any requirements for confidentiality;

(g)

details of any particular procedure the

Requesting Party wishes to be followed; and

(h)

details of the period within which the request should be complied with.

(3)

The Requested Party shall use its best efforts to keep confidential a request and its contents except when otherwise authorized by the Requesting Party.

(4)

All documents submitted in support of a request shall be accompanied by a translation in the language of the

Requested Party.

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