TNAG-2697-FCO40-3903-Hong-Kong-drugs-1993 — Page 33

3. This Convention does not exclude the exercise of any criminal jurisdic- tion established by a Party in accordance with its domestic law.

Article 5

CONFISCATION

1. Each Party shall adopt such measures as may be necessary to enable confiscation of:

(a) Proceeds derived from offences established in accordance with ar- ticle 3, paragraph 1, or property the value of which corresponds to that of such proceeds;

(b) Narcotic drugs and psychotropic substances, materials and equipment or other instrumentalities used in or intended for use in any manner in offences established in accordance with article 3, paragraph 1.

2. Each Party shall also adopt such measures as may be necessary to en- able its competent authorities to identify, trace, and freeze or seize proceeds, property, instrumentalities or any other things referred to in paragraph 1 of this article, for the purpose of eventual confiscation.

3. In order to carry out the measures referred to in this article, each Party shall empower its courts or other competent authorities to order that bank, finan- cial or commercial records be made available or be seized. A Party shall not de- cline to act under the provisions of this paragraph on the ground of bank secrecy.

4. (a) Following a request made pursuant to this article by another Party having jurisdiction over an offence established in accordance with article 3, para- graph 1, the Party in whose territory proceeds, property, instrumentalities or any other things referred to in paragraph I of this article are situated shall:

(i) Submit the request to its competent authorities for the purpose of ob- taining an order of confiscation and, if such order is granted, give ef- fect to it; or

(ii) Submit to its competent authorities, with a view to giving effect to it to the extent requested, an order of confiscation issued by the requesting Party in accordance with paragraph I of this article, in so far as it re- lates to proceeds, property, instrumentalities or any other things re- ferred to in paragraph I situated in the territory of the requested Party. (b) Following a request made pursuant to this article by another Party hav- ing jurisdiction over an offence established in accordance with article 3, para- graph 1, the requested Party shall take measures to identify, trace, and freeze or seize proceeds, property, instrumentalities or any other things referred to in para- graph of this article for the purpose of eventual confiscation to be ordered either by the requesting Party or, pursuant to a request under subparagraph (a) of this paragraph, by the requested Party.

(c) The decisions or actions provided for in; subparagraphs (a) and (h) of this paragraph shall be taken by the requested Party, in accordance with and sub- ject to the provisions of its domestic law and its procedural rules or any bilateral or multilateral treaty, agreement or arrangement to which it may be bound in rela- tion to the requesting Party.

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