Common use of Referral of Cases Clause in Contracts

Referral of Cases. 5.1 In the discharge of its duties, each party will actively consider whether it should refer matters to the other party for possible action, having regard to the other party’s Functions. 5.2 The ICAC may make a referral to the FRC for evaluation of possible action where it considers that: (a) a matter falls outside the Functions of the ICAC (see paragraphs 3.1 and 3.2) but may fall within the Functions of the FRC under the FRCO or the Pre-amended FRCO (see paragraphs 3.3 and 3.4); or (b) a matter falls within the Functions of the ICAC but also contains elements which may fall within the Functions of the FRC under the FRCO or the Pre-Amended FRCO. 5.3 The FRC may make a referral to the ICAC for evaluation of possible action where it considers that: (a) a matter falls outside the Functions of the FRC under the FRCO or the Pre-Amended FRCO (see paragraphs 3.3 and 3.4) but may fall within the Functions of the ICAC (see paragraphs 3.1 and 3.2); or (b) a matter falls within the Functions of FRC but also contains elements which may fall within the Functions of the ICAC. 5.4 Following receipt of sufficient materials to conduct a referral evaluation, the party receiving a referral (“Receiving Party”) will advise the referring party (“Referring Party”) about the outcome of its evaluation as soon as practicable. If the Receiving Party cannot complete the evaluation within a reasonable period of time, particularly relating to a complicated case, it will provide an update to the Referring Party on the status of the evaluation. If the Receiving Party has communicated to the Referring Party its acceptance of the referral for investigation, the Referring Party will not take any action that may compromise the investigation of the Receiving Party without prior consultation with the latter.

Referral of Cases. 5.1 4.1 In the discharge of its duties, each party will actively consider whether it should refer matters to the other party for possible action, having regard to the other party’s Functions. 5.2 4.2 The ICAC may make a referral to the FRC SFC for evaluation of possible action where it considers that: (a) a matter the suspected criminality or misconduct falls outside the Functions of the ICAC (see paragraphs 3.1 2.1 and 3.22.2) but may fall within the Functions of the FRC SFC under the FRCO or laws administered by the Pre-amended FRCO SFC (see paragraphs 3.3 2.4 and 3.42.5); or (b) a matter the suspected criminality or misconduct falls within the Functions of both the ICAC but and the SFC but: ii. the SFC is also contains elements which may fall within handling the Functions of same case and it would be duplicative for the FRC under the FRCO or the Pre-Amended FRCOICAC to conduct a parallel investigation. 5.3 4.3 The FRC SFC may make a referral to the ICAC for evaluation of possible action where it considers that: (a) a matter the suspected criminality falls outside the Functions of the FRC SFC under the FRCO or laws administered by the Pre-Amended FRCO SFC (see paragraphs 3.3 2.4 and 3.42.5) but may fall within the Functions of the ICAC (see paragraphs 3.1 2.1 and 3.22.2); or (b) a matter the suspected criminality falls within the Functions of FRC but both the ICAC and the SFC but: ii. the ICAC is also contains elements which may fall within handling the Functions of same case and it would be duplicative for the ICACSFC to conduct a parallel investigation. 5.4 4.4 Following receipt of sufficient materials to conduct a referral evaluation, the party receiving a referral (“Receiving Party”) will advise the referring party (“Referring Party”) about the outcome of its evaluation as soon as practicable. If the Receiving Party cannot complete the evaluation within a reasonable period of time, particularly relating to a complicated case, it will provide an update to the Referring Party on the status of the evaluation. If the Receiving Party has communicated to the Referring Party its acceptance of the referral for investigation, the Referring Party will not take any action that may compromise the investigation of the Receiving Party without prior consultation with the latter.

Referral of Cases. 5.1 4.1 In the discharge of its duties, each party will actively consider whether it should refer matters to the other party for possible action, having regard to the other party’s Functions. 5.2 4.2 The ICAC HKP may make a referral to the FRC SFC for evaluation of possible action where it considers believes that: (a) a matter the suspected criminality or misconduct falls outside the Functions of the ICAC HKP but may fall within the Functions of the SFC under the laws administered by the SFC (see paragraphs 3.1 2.3 and 3.22.4); or (b) the suspected criminality or misconduct falls within the Functions of both the HKP and the SFC but: ii. the SFC is also handling the same case and it would be duplicative for the HKP to conduct a parallel investigation. 4.3 The SFC may make a referral to the HKP for evaluation of possible action where it believes that: (a) the suspected criminality falls outside the Functions of the SFC under the laws administered by the SFC (see paragraph 2.3 and 2.4) but may fall within the Functions of the FRC under the FRCO or the Pre-amended FRCO (see paragraphs 3.3 and 3.4)HKP; or (b) a matter the suspected criminality falls within the Functions of both the ICAC but HKP and the SFC but: ii. the HKP is also contains elements which may fall within handling the Functions of same case and it would be duplicative for the FRC under the FRCO or the Pre-Amended FRCOSFC to conduct a parallel investigation. 5.3 The FRC may make a referral to the ICAC for evaluation of possible action where it considers that: (a) a matter falls outside the Functions of the FRC under the FRCO or the Pre-Amended FRCO (see paragraphs 3.3 and 3.4) but may fall within the Functions of the ICAC (see paragraphs 3.1 and 3.2); or (b) a matter falls within the Functions of FRC but also contains elements which may fall within the Functions of the ICAC. 5.4 4.4 Following receipt of sufficient materials to conduct a referral evaluation, the party receiving a referral (“Receiving Party”) will advise the referring party (“Referring Party”) about the evaluation outcome of its evaluation as soon as practicable. If the Receiving Party cannot complete the evaluation within a reasonable period of time, particularly relating to a complicated case, it will provide an update to the Referring Party on the status of the evaluation. If the Receiving Party has communicated to the Referring Party its acceptance of the referral for investigation, the Referring Party will not take any action that may compromise the investigation of the Receiving Party without prior consultation with the latter.

Referral of Cases. 5.1 In the discharge of its dutiesFunctions, each party Party will actively consider whether it should refer matters to the other party Party for possible action, having regard to the other partyParty’s Functions. 5.2 The ICAC HKP may make a referral to the FRC for its evaluation of possible action where it considers thatthat a case falls: (a) a matter falls outside the Functions of the ICAC (see paragraphs 3.1 and 3.2) HKP but may fall within the Functions of the FRC under the FRCO or the Pre-amended FRCO (see paragraphs 3.3 and 3.4)FRC; or (b) a matter falls within the Functions of the ICAC HKP but also contains elements which may fall within the Functions of the FRC under the FRCO or the Pre-Amended FRCOFRC. 5.3 The FRC may make a referral to the ICAC HKP for its evaluation of possible action where it considers thatthat a case falls: (a) a matter falls outside the Functions of the FRC under the FRCO or the Pre-Amended FRCO (see paragraphs 3.3 and 3.4) but there is suspected criminality which may fall within the Functions of the ICAC (see paragraphs 3.1 and 3.2)HKP; or (b) a matter falls within the Functions of the FRC but also contains criminal elements which may fall within the Functions of the ICACHKP. 5.4 Following receipt of sufficient materials to conduct a referral evaluation, the party Party receiving a referral (“Receiving Party”) will advise the referring party Party (“Referring Party”) about the evaluation outcome of its evaluation as soon as practicable. If the Receiving Party cannot complete the evaluation within a reasonable period of time, particularly relating to a complicated case, it will provide an update to the Referring Party on the status of the evaluation. If the Receiving Party has communicated to the Referring Party its acceptance of the referral for investigation, the Referring Party will not take any action that may compromise the investigation of the Receiving Party without prior consultation with the latter.