TNAG-2880-FCO40-4152-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 65

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

UK/HONG KONG MLAT

Confidentiality Clause

1.

The Requested Party shall use its best efforts to keep confidential a request

and its contents except:

(a)

where otherwise authorised by the Requesting Party; or

(b)

to the extent necessary to execute the request.

[Article V(3) plus new paragraph to allow for implementation of request.]

2.

Except in relation to any document which the Requesting Party is or would be under a duty [of law] in criminal proceedings to disclose, the Requested

Party, after consultation with the Requesting Party, may require that

information or evidence furnished or to be furnished pursuant to this Agreement be kept confidential or be disclosed or used only subject to such terms and conditions as it may specify.

[Article VIII(1) plus new opening phrase to take account of English prosecution disclosure requirements.]

3.

[Except in relation to any document which the Requesting Party is under a

duty [of law] in criminal proceedings to disclose,] the Requesting Party shall

not disclose or use information or evidence furnished for purposes other than

those stated in the request without the prior consent of the Central Authority

of the Requested Party.

1

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