Page 857 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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845
Kanunları ve Tercümeleri
freezing order to the High Court and to the Director of Public Prosecutions for Northern Ireland.
(2) The court is to consider the overseas freezing order on its own initiative within a period
prescribed by rules of court.
(3) Before giving effect to the overseas freezing order, the court must give the Director an
opportunity to be heard.
(4) The court may decide not to give effect to the overseas freezing order only if, in its opinion,
giving effect to it would be incompatible with any of the Convention rights (within the meaning
of the Human Rights Act 1998).
41F The High Court may postpone giving effect to an overseas freezing order in respect of any
property—
(a) in order to avoid prejudicing a criminal investigation which is taking place in the
United Kingdom, or
(b) if, under an order made by a court in criminal proceedings in the United Kingdom,
the property may not be dealt with.
41G (1) Where the High Court decides to give effect to an overseas freezing order, it must—
(a) register the order in that court,
(b) provide for notice of the registration to be given to any person affected by it.
(2) For the purpose of enforcing an overseas freezing order registered in the High Court, the
order is to have effect as if it were an order made by that court.
(3) Paragraph 35 applies to an overseas freezing order registered in the High Court as it appli-
es to a restraint order under paragraph 33.
(4) The High Court may cancel the registration of the order, or vary the property to which the
order applies, on an application by the Director of Public Prosecutions for Northern Ireland or any
other person affected by it, if or to the extent that—
(a) the court is of the opinion mentioned in paragraph 41E(4), or
(b) the court is of the opinion that the order has ceased to have effect in the participa-
ting country.
(5) Her Majesty may by Order in Council make further provision for the enforcement in Nort-
hern Ireland of registered overseas freezing orders.