TNAG-2343-FCO40-3407-Drug-trafficking-agreements-between-Hong-Kong-and-other-coun-1991 — Page 82

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

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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 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;

(b) a statement describing the grounds

for

believing that the person subject to the

investigation or proceedings has benefited

from drug trafficking;

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