TNAG-2342-FCO40-3406-Drug-trafficking-agreements-between-Hong-Kong-and-other-coun-1991 — Page 93

8

Page

8

of Annex F

4.

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. the Requesting Party accepts assistance subject conditions, it shall comply with those conditions.

If to

ARTICLE 8

PROCEEDS

1.

A request may be made for assistance

assistance in securing the confiscation of proceeds. Such assistance shall be given by whatever means are appropriate.

This may include enforcing an order made by a court in the jurisdiction of the Requesting Party and initiating or assisting in proceedings in relation to the proceeds to which the request relates.

2.

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 otherwise mutually determined in a particular case.

4.

Where action has been taken in the jurisdiction of the Requested Party pursuant to a request for assistance under paragraph 1 or 2 of this Article, and there

there is a representation in Hong Kong or [ 1 as the case may be by the relevant Party shall

a person affected by the order, 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 property shall be accompanied by:

(a)

(b)

(c)

of

the original or a copy of any relevant restraint order;

or

a statement describing the grounds for believing that the person subject to the investigation proceedings has benefited from drug trafficking;

a description of the property to which measures of restraint are to be applied including as far as possible the location of the property;