TNAG-2880-FCO40-4152-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 21

For the Government of the

Hong Kong Special Administrative Region:

ANNEX

For the Government of the

United Kingdom of Great Britain

and Northern Ireland:

THE PROCEEDS AND INSTRUMENTS OF CRIME

(1)

(a)

For the purposes of this Annex:-

"confiscation order "means an order made by a court of the Requesting Party,

intended to recover the proceeds or instruments of crime;

(b)

"proceeds of crime" means any property derived or realised, directly or

indirectly, by any person as a result of criminal activity, or the value of any such property.

(c)

"property" includes money and all other property, moveable or immoveable,

tangible or intangible, and includes any interest in such property;

(d)

"the restraint of property" means any measure for the prevention of dealing

in or disposal of property.

(e)

"instruments of crime" means any property which is or is intended to be used

in connection with the commission of a criminal offence.

(2)

Requests under the Annex shall be executed to the extent permitted by and in accordance with the domestic law of the Requested Party. The Requested Party may, in

particular, refuse to execute a request under this Annex if the request concerns restraint or

confiscation of the proceeds or instruments of an activity which, had it occurred within the

jurisdiction of the Requested Party, would not have been an activity in respect of which a

confiscation order could have been made.

18