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155704 MDLIAN 902
(A) THE RELEVANT OFFENCE(S) UNDER CHINESE LAW,
(B) THE NATURE OF THE CRIMINAL CONDUCT ALLEGED TO CONSTITUTE THE OFFENCE,
(C) THE PURPOSE OF THE REQUEST INCLUDING THE USE TO WHICH AND INFORMATION/EVIDENCE IS TO BE PUT AND ANY OTHER EVIDENCE ALREADY AVAILABLE TO THE CHINESE (E.G. IS IT ONLY EVIDENCE, IS IT CORROBORATIVE ETC).
10. IF THE REQUEST IS CAPABLE OF BEING MET, IN WHOLE OR IN PART, INTERPOL HONG KONG WILL CHECK WHETHER THE TYPE OF CASE AND THE
TYPE OF ASSISTANCE FALL WITHIN THE GUIDELINES SET OUT IN PARAGRAPHS 7 AND 8. IF THESE CONDITIONS ARE SATISFIED, A SUMMARY WILL INDICATE WHETHER ANY OF THE MATERIAL HAS BEEN OBTAINED BY COMPULSORY PROCESS. IF THE REQUEST IS TO INTERVIEW AN WITNESS, THE SUMMARY WILL INDICATE WHETHER THE WITNESS CONSENTS AND WILL BE ACCOMPANIED BY A STATEMENT FROM THE WITNESS, SWORN OR AFFIRMED TO BE TRUE.
11 IF THE COMMISSIONER OF POLICE OR HIS REPRESENTATIVE IS SATISFIED THAT THE GIVING OF ASSISTANCE WOULD BE IN ACCORDANCE WITH THE MODIFIED POLICY, HE WILL TRANSMIT THE INFORMATION REFERRED TO IN PARA 9 AND THE SUMMARY REFERRED TO IN PARA 10 TO
THE POLITICAL ADVISER AND THE SECRETARY FOR SECURITY. IF THEY SEE NO POLITICAL OR SECURITY OBJECTION TO THE GIVING OF ASSISTANCE, THEY WILL SEEK LEGAL ADVICE AS TO:
(A) THE PROBATIVE VALUE OF THE MATERIAL IN THE LIGHT OF THE CRIMINAL CONDUCT ALLEGED,
(B) WHETHER ITS USE IN PROCEEDINGS IN CHINA WOULD CAUSE UNFAIRNESS TO THE ACCUSED, AND
(C) WHETHER AS A MATTER OF HONG KONG LAW IT CAN BE LAWFULLY TRANSMITTED.
12. HAVING CONSIDERED THE LEGAL ADVICE, THE POLITICAL ADVISER AND THE SECRETARY FOR SECURITY WILL TAKE A FINAL DECISION ON THE
REQUEST AND NOTIFY THE COMMISSIONER OF POLICE. INTERPOL HONG KONG WILL INFORM INTERPOL CHINA AND, IF THE DECISION IS POSITIVE, PROCESS THE REQUEST. ALL WITNESS STATEMENTS WILL BE SWORN OR AFFIRMED TO BE TRUE. WHERE POSSIBLE, ALL DOCUMENTS AND EXHIBITS
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