TNAG-1996-FCO40-2843-Hong-Kong-Drug-Trafficking-(Recovery-of-Proceeds)-Ordinance--1991 — Page 134

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

CONHUENTIAL

· 6

2.

(a)

(b)

(c)

(d)

execution of the request would be contrary to the interests of justice; or

the request if granted would seriously impair its [security or other] essential interests; or

the request if granted could prejudice an investigation or proceedings being conducted within the Requested Party's jurisdiction or impose an excessive burden on the resources of

that Party; or

in respect of assistance with regard to a drug trafficking offence the acts Or omissions alleged to constitute such offence would not, if they had taken place within the jurisdiction of the Requested Party, have constituted an offence.

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 is not normally carried out. Assistance may however be granted if the Requesting

the Requesting Party gives such sufficient the Requested Party considers that the death penalty will not be imposed or if imposed

not carried out.

assurances as

3.

Before refusing to grant a request for assistance the Requested Party shall consider whether assistance may be granted subject to such conditions as it deems necessary.

If the Requesting Party accepts assistance subject to these conditions,

these conditions, it shall comply

with the conditions.

CONFIDENTIAL

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