TNAG-2165-FCO40-3100-Agreements-between-Hong-Kong-and-third-countries-regarding-d-1990 — Page 179

"GUNFIDENTIAL

5

-

3.

seizure, the circumstances of seizure and the subsequent custody of the material seized prior to delivery.

the

Where required by the Requested Party, Requesting Party shall return material provided under this Article when no longer needed for any investigation or proceedings.

ARTICLE 7

REFUSAL OF ASSISTANCE

1.

Assistance shall be refused if the Requested Party

is of the opinion that :

2.

(a) execution of the request would be contrary to the

interests of justice; or

(b)

(c)

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

jurisdiction or impose excessive burden on the resources of that Party.

an

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 Party gives such assurances

such assurances as the Requested Party considers sufficient that the death penalty will not be imposed or if imposed not carried out.

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, it shall comply with the conditions.