TNAG-2880-FCO40-4152-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 54

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(406 HM CUSTOMS & EXCISE

ARTICLE XIX

THE PROCEEDS AND INSTRUMI

For the purposes of this Art

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370/9

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OF GRIME

DEC 1993

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(a) confiscation order

after means order, pade by la court of the Requesting Party, intended to recover the proceeds or inedruments of crime;

proceeds of crime means any property derived or realised, directly or indirectly, by any person as a result of

Ivity, or the value of any such property:

=) property includes money and all other properly, moveable or immoveable, tangible or intangible, and includes any interest in such property:

(4) the restraint of property means any measure for the prevention of dealing in or disposal of property.

(#) instrumenta of crime Reens any property which intended to be used in connection with the commission of a criminal offence.

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(2) Requests under this Arki e shall be executed to the artATIO permitted by and is accordance with the domestic law of the Requested Parky.She Requested Party may, in particular, refuse to sxecute a request vader this Article if the request concerno westraint or confiscation of the proceeds or instruments of an activity which, had it occurved within the jurisdiction the Requested Parry, would not have been an activity in respect of which a confiscation order could have been made.

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(3) For the sake of clarity, it is declared that, for the purposes 95 identifying proceeds or instruments of crime which may becoTE liable to restraint or forfeiture, the Parties may make requests for nformation 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 te belief that such proceeds may be located in its jurisdiction.

A Party may request the restraint of property in order to ensur 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:

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**

in the case of a request from the United Kingdom, a

ate stating that an information has been laid before a

te of the peace, or a person has been charged with an

ence. or a bill of indictment has bez preferred, or a ition warrant has been granted, or that one of these measures is to be taken and 15 so, when;