TNAG-2879-FCO40-4151-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 9

wo-DEC-1290 16:47

A.G.'S CHAMBEPS

3

GUIDELINES

DEFINITIONS

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P.02

1.

(1)

In these guidelines:

"restraint" means any measure for the prevention of dealing in or transfer or disposal of property.

"confiscation" means the deprivation of property under a court order made for the purpose of recovering payments or other rewards received in connection with drug trafficking- or their value.

"proceeds of drug trafficking" means any payment or other reward received by a person in connection with drug trafficking carried on by him or another.

(2) Froceedings are instituted:

in the United Kingdom when an information has been laid before a justice of the peace, or when a person is charged with an offence, or when a hill of indictment is preferred, or when a petition warrant is granted;

b) in Hong Kong when a magistrate issues a warrant or

Fanre. summons, of when a pezav, lā charged with an offence. when an indictment is preferred.

Or

2.

SCOPE OF ASSISTANCE

The Sides will, in accordance with the provisions of this arrangement, grant to each other assistance in the restraint and confiscation of the proceeds of drug trafficking.

*.

the Qankeal Authorit

Af

one side becomes aware that proceeds are located within the jurisdiction of the other Side and may be liable to restraint or confiscation under the laws of the