TNAG-2342-FCO40-3406-Drug-trafficking-agreements-between-Hong-Kong-and-other-coun-1991 — Page 92

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

3.

(c)

7

Page 7 of Annex F

search for, seize and deliver to the Requesting Party any relevant material, and provide such information as may be required by the Requesting Party concerning the place of seizure, the circumstances of seizure and the subsequent custody of the material seized prior to delivery.

Where required by the Requested Party, the Requesting Party shall return

return material provided under this Article when no longer needed.

1.

ARTICLE 7

REFUSAL OR POSTPONEMENT OF ASSISTANCE

(a)

(b)

Assistance shall be refused if :

the Requested Party is of the opinion that execution of the request would be contrary to the interests of justice; or

the Requested Party is of the opinion that the request, if granted, would prejudice its essential

or like interests.

2.

3.

(a)

(b)

(c)

Assistance may be refused if :

the request relates to the prosecution or punishment of a person for an offence which is committed outside the jurisdiction of the Requesting Party and the Requested Party cannot prosecute that person for such an offence committed outside its jurisdiction in similar circumstances;

provision of the assistance sought could prejudice the safety of any

any person or impose an excessive

burden on resources; ΟΙ

an

the Requesting Party fails, in response to a request by the Requested Party, to give assurance that the death penalty will not be imposed for the offence to which the request relates or, if imposed, will not be carried out.

The Requested Party may refuse or postpone assistance if execution of the request would interfere with an ongoing investigation or proceedings within

jurisdiction.

its

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