Document ID: chunk:federal_register_of_legislation:F1999B00031:body:0:p9
Version: federal_register_of_legislation:F1999B00031
Segment Type: other
Provision Reference: 
Character Range: 21090–23672

of crime, pending a final determination in respect of those proceeds by a Court of the Requesting Party.

(3) Upon request, the Requested Party shall, to the extent its laws permit, give effect to a final order forfeiting or confiscating proceeds of crime made by a court of the Requesting Party.

(4) In the application of this Article, the rights of bona fide third parties shall be respected under the law of the Requested Party.

(5) Proceeds confiscated pursuant to this Agreement shall be retained by the Requested Party unless otherwise decided by the Parties in a particular case.

(6) In this Article "proceeds of crime" includes:

       (a) property used in connection with the commission of an offence;

       (b) property derived or realized, directly or indirectly, from the commission of an offence; or

       (c) property which represents the value of property and other benefits derived from the commission of an offence.

Article XX
Settlement of disputes

Any dispute arising out of the interpretation, application or implementation of this Agreement shall be resolved through diplomatic channels if the Central Authorities are themselves unable to reach agreement.

Article XXI
Entry into force and termination

(1) This Agreement shall enter into force thirty days after the date on which the Parties have notified each other in writing that their respective requirements for the entry into force of the Agreement have been complied with.

(2) This Agreement shall apply to requests whether or not the relevant acts or omissions occurred prior to this Agreement entering into force.

(3) Each of the Parties may terminate this Agreement at any time by giving notice in writing to the other.  In that event the Agreement shall cease to have effect three months after the date of the receipt of that notice.  Requests for assistance which have been received prior to termination of the Agreement shall nevertheless be processed in accordance with the terms of the Agreement as if the Agreement was still in force.

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.

DONE at Sydney, Australia, this twenty-third day of September one thousand nine hundred and ninety six, in English and Chinese, both texts being equally authentic.
FOR THE GOVERNMENT  FOR THE GOVERNMENT
OF AUSTRALIA        OF HONG KONG
Daryl Williams      A. Chan

  Note

1. Made by the Governor-General on 23 February 1999, and notified in the Commonwealth of Australia Gazette on 2 March 1999.