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At the negotiations
Ask Hong Kong for clarification of this article and the purpose for which it is intended.
4. Article XI
The key word here is "endeavour", compared with "best efforts" in the US MLAT.
Mr Mash would like to see here a general clause requiring requests to be dealt with speedily. Miss Brooks raised again. the desirability of a provision for direct approaches between judicial authorities in urgent cases (see note on Article II (3).
5. Article XII
Paragraph (1) Mr Mash said this was broader than the 1990 Act regarding the service of summons, etc.. Miss Brooks felt we should try to confine "any document" to summonses and Section (1) documents under the 1990 Act. She referred to Article 13 of the US MLAT - "any document relating to or forming part of a request, including a subpoena or any other request". Mrs Evans said the second part of 13 (1) of the US MLAT would be a good point from which to negotiate.
Paragraph (2) - "a response" in line 2 seems unclear.
Paragraph (3) Mrs Evans said if "other judicial orders" in line 5 included outstanding convictions for which the sentence had not been completed, this subpara would amount to disguised extradition. In any case, this would be complicated to administer - complete criminal "CV" needed, including judgements from District Courts?
Miss Brooks asked whether "criminal matters" included judgement debts. Mrs Evans said it might be problematic to implement if not. Mr Sonnenberg said it depended on the distinction between civil and criminal law in the countries concerned.
It was thought unclear who was meant by "the person to be served". Does this cover persons who offer to assist under Article XVI?
Paragraph (4) Mrs Evans would prefer to replace "return" with
"provide" in line 2 because a document for service may not have been sent by the Requesting Party.
Mr Sonnenberg wondered what sort of requirements of proof of
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Private notes are available after approval.