22) UK to ask what is meant by "the directions stated in the
request" in paragraph 2)?
Article VII
23)
Paragraph 2
UK to propose replacing paragraph 2 by a new paragraph 2.
"The Requested Party shall decide what are ordinary expenses and what are expenses of an extraordinary nature. The Requested Party shall assume all ordinary expenses of executing a request in its territory.".
Article VIII
•
24)
UK Title should read "Limitations on Use".
25)
[Home Office to draft provision and briefing on confidentiality.].
[Home Office please prepare paragraph on disclosure requirements for UK trials and risk of disclosure of information in court.].
Article IX
26)
Paragraph 1
UK to ask whether "jurisdiction" would include extraterritorial offences in respect of which the HKSAR would have jurisdiction.
Article X
27) UK to ask what Article X adds to Article IX? Is there a
distinction being drawn between statements used as evidence and those used for investigation? As statements would be evidence for the purposes of Article IX (1), why are requests for statements for the purpose of proceedings covered by both Articles IX and X? Article IX imposes an obligation to arrange to have evidence, including statements, taken, whereas Article X only requires best endeavours to obtain statements.
28)
Consistency is needed between this Article and Article IX(1). Suggest replacing "a criminal matter in the Requesting Party" with "a criminal matter in the jurisdiction of the Requesting Party."
Article XII
29)
Paragraph (1)
UK cannot agree to serve any document transmitted to it for service can only agree to serve summonses and other process within the Criminal Justice (International Cooperation) Act 1990, section 1(1)(a). UK suggests replacing words after "serve" by "any subpoena or other
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