TNAG-2342-FCO40-3406-Drug-trafficking-agreements-between-Hong-Kong-and-other-coun-1991 — Page 109

12

Page 12 of Annex E

A request may be made for assistance in the

restraint of property for the purpose of ensuring that it

will be available to satisfy any order of a court for the

recovery of proceeds.

3.

Proceeds confiscated pursuant to this Agreement

shall accrue to the Requested Party,

unless

mutually determined in a particular case.

otherwise

4.

•

Where action has been taken in the jurisdiction of

the Requested Party pursuant to а request for assistance

under paragraph 1 or 2 of this Article, and there is a

representation in Hong Kong or Australia as the case may be

by a person affected by the order, the relevant Party shall

inform the other Party as soon as possible and shall also

inform it promptly of the outcome of that representation.

5.

A request for assistance in the restraint of

property shall be accompanied by:

(a) the original or a copy of any relevant restraint

order;

Cafes

(b)

a statement

describing the grounds for believing

that the person

person subject to the investigation or

proceedings has benefited from drug trafficking;