TNAG-2343-FCO40-3407-Drug-trafficking-agreements-between-Hong-Kong-and-other-coun-1991 — Page 79

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

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ARTICLE 6

REFUSAL OR POSTPONEMENT OF ASSISTANCE

Assistance shall be refused if :

(a)

the Requested Party is of the opinion that

execution of the request would be contrary to

the interests of justice; or

(b)

the Requested Party is of the opinion that the

request, if granted, would

essential or like interests.

prejudice its

Assistance may be refused if :

(a)

or

the request relates to the prosecution

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;

(b) provision of the assistance sought could

prejudice the safety of any person or impose

an excessive burden on resources; or

(c) the Requesting Party fails, in response to a

request by the Requested Party, to give an

assurance

that the death penalty will not be

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