Common use of Referral of Cases Clause in Contracts

Referral of Cases. 5.1 In the discharge of its Functions, 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 HKP may make a referral to the FRC for its evaluation of possible action where it considers that a case falls: (a) outside the Functions of the HKP but may fall within the Functions of the FRC; or (b) within the Functions of the HKP but also contains elements which may fall within the Functions of the FRC. 5.3 The FRC may make a referral to the HKP for its evaluation of possible action where it considers that a case falls: (a) outside the Functions of the FRC but there is suspected criminality which may fall within the Functions of the HKP; or (b) within the Functions of the FRC but also contains criminal elements which may fall within the Functions of the HKP. 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 evaluation outcome 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.