(3)
For the sake of clarity, it is declared that, for the purposes of identifying
proceeds or instruments of crime which may become liable to restraint or confiscation, the
Parties may make requests for information and evidence pursuant to, in particular, whichever
is appropriate of Articles IX, X, XIII and XVIII herein. In making such requests, the
Requesting Party shall notify the Requested Party of the basis of its belief that such proceeds
may be located in its jurisdiction.
(4)
A Party may request the restraint of property in order to ensure that it is
available for the purpose of enforcement of a confiscation order which has been or may be
made. Such a request shall include:-
(a) (i) in the case of a request from the United Kingdom, a certificate stating that an
information has been laid before a justice of the peace, or a person has been charged with
an offence, or a bill of indictment has been preferred, or a petition warrant has been granted,
or that one of these measures is to be taken and, if so, when;
(a) (ii)
in the case of a request from Hong Kong, a certificate stating that:
(b)
(i)
either:-
a summary of the facts of the case including a description of the offence, the
time and place of its commission, a reference to the relevant legal provisions, the grounds
on which suspicion is based and a copy of any relevant restraint order; or
ii)
where a confiscation has been made, a copy of that order;
(c)
to the extent possible, a description of the property in respect of which
restraint is sought or which is believed to be available for restraint, its connection with the
person against whom the proceedings have been or are to be instituted, its whereabouts, and
any known details concerning persons affected by the action requested (including if possible
name, date of birth, nationality, location and in the case of a legal person, its seat, principal
business address and place of incorporation)
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