•
Reciprocity is required in all cases, either pursuant to bilateral or multilateral agreements on MLA or through an ad hoc arrangement for a specifi c request.
A.3. Grounds for Refusal of MLA Pursuant to MLAO Section 5, a request for MLA must be refused if • The granting of the request would impair the sovereignty, the security, or public order of China (for further details see B.2. and B.3.). • The request relates to the prosecution of a person for an offense of a political character or is, by reason of the circumstances in which it is alleged to have been committed or was committed, an offense of a political character. • The request relates to the prosecution or punishment of a person for an act or omission that, if it had occurred in Hong Kong SAR, China, would have constituted an offense under the military law applicable in there but not also under the ordinary criminal law. • There are substantial grounds for believing that the request was made for the purpose of prosecuting, punishing, or otherwise causing prejudice to a person because of the person’s race, religion, nationality, or political opinions. • The request relates to the prosecution of a person for an offense in a case where the person has been convicted, acquitted, or pardoned by a competent court or other authority in the place, or has undergone the punishment provided by the law of that place, for that offense or of another offense constituted by the same act or omission as that offense. • The granting of the request would seriously impair the essential interests of Hong Kong SAR, China. • The request relates to an act or omission that, if it had occurred in Hong Kong SAR, China, would not have constituted an offense against its laws. • The requesting place is not a prescribed place and fails to provide an undertaking of reciprocity for future requests by Hong Kong SAR, China, for assistance in criminal matters. • The requesting place is not a prescribed place and the request relates to an investigation into a taxation offense, unless the primary purpose of the request is not the assessment or collection of tax. Pursuant to MLAO Section 5 (43), a request may be refused if • •
The requesting jurisdiction is not a prescribed place. The requesting jurisdiction is a prescribed place pursuant to the terms of the prescribed arrangement concerned. • The request relates to an offense punishable with the death penalty and the act, if it had occurred in Hong Kong SAR, China, would not have constituted a serious offense punishable with death or would have constituted a serious offense punishable with death in respect of which the punishment was not normally carried out, and the requesting place fails to assure that the death penalty will not be imposed or carried out.
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I
Barriers to Asset Recovery
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