TNAG-2879-FCO40-4151-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 11

-DEC-1993 16:49

A.G.'S CHAMBERS

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necessary. If the Central Authority of the Requesting Cide accepts assistance subject to these conditions, the Requesting Side will comply with the conditions.

11.

FORM AND CONTENTS OF REQUESTS

Requests will be submitted in writing except in urgent In urgent cases, the request can be made in another form, but will be confirmed in writing within ten days thereafter.

cases.

12.

A request made pursuant to this arrangement will state that it is so made and' will include the following:

:

13.

a)

D)

C)

a)

c)

JH3AAN

3

the name of the competent authority conducting the investigation or proceedings to which the request relates: the purpose of the request, including a description of the

and evidence, information, or other assistance sought; the matters, including the relevant facts and laws, to which the investigation or proceedings relates.

A request for restraint will also include:

a certificate issued by or on behalf of the Central Authority of the Requesting Side stating that proceedings have been instituted and have not been concluded, or that proceedings are to be instituted within its jurisdiction: where appropriate, a copy of any confiscation order duly

authenticated;

an affidavit stating:

1)

11)

where applicable, the grounds for believing that an external confiscation order may be made in the proceedings instituted or to be instituted within the Requesting Side's jurisdiction;

particulars of the realisable property in respect of which restraint is sought including, as far as possible, the location of the property and the identity of the person or persons holding it;

iii) the connection between the person who is the subject of

the investigation or proceedingo and the property to