TNAG-2880-FCO40-4152-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 98

16)

17)

Paragraph 2

UK to point out that there is already a provision on costs, Article VII. Is it necessary to include this

provision?

Paragraph 3

UK to ask HK to clarify. NB UK can accept this provision.

Article V

18)

19)

20)

Paragraph 1

NB UK has already proposed urgent requests may go directly to judicial authorities (Article II(3)). Scotland would be very uneasy about seeking a court order in Scotland on an oral foreign request. In these days of faxes, it is necessary to include a provision on making requests orally?

[Fall Back

Agree to oral requests but require immediate confirmation].

Paragraph 2

UK to propose addition of new sub-paragraph i) on the identity of the person being investigated or prosecuted. It is proposed that i) would read:

"i) the identity of the person or persons to be or being investigated or prosecuted."

•

In consequence h) would end with a semi-colon and "and", and "and" would be deleted from the end of (g).

Paragraph 3

With reference to "best efforts" UK to ask HK what are the limits of confidentiality? Why not put this provision into the Article on Limitations on Use, Article VIII?

Paragraph 4

UK to seek clarification. The UK would wish to send and receive documents in English. As English will be an official language of the HKSAR can we not simply stipulate that all documents submitted in support of a request shall be in English?

Article VI

21)

Paragraph 2

UK. What does this provision mean? UK to propose replacing "in accordance with" by "subject to" so that UK can refuse to execute a request if, for example, it is contrary to UK law to do a search.