LC: Mutual Legal Assistance (Australia) Order

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Following is the speech by the Secretary for Security, Mrs Regina Ip, in moving the resolution on the Mutual Legal Assistance in Criminal Matters (Australia) Order in the Legislative Council today (Wednesday):

Madam President,

I move that the resolution to make the Mutual Legal Assistance in Criminal Matters (Australia) Order be passed by this Council.

We are fully committed to supporting international co-operation in the combat of serious transnational crimes. We have embarked on the establishment of a network of bilateral agreements with other jurisdictions on mutual legal assistance in criminal matters. These agreements ensure reciprocity between the contracting parties and greatly enhance international co-operation in the fight against cross-border crime. We have so far signed seven agreements on mutual legal assistance in criminal matters - with Australia, France, New Zealand, the United Kingdom, the United States of America, Italy and Korea.

We have also put in place the necessary legislative framework for implementing the mutual legal assistance arrangements. In June 1997, the Mutual Legal Assistance in Criminal Matters Ordinance was enacted. This principal legislation provides the statutory framework which enables us to respond to a wide range of requests for assistance in the investigation and prosecution of criminal offences. These include the taking of evidence, search and seizure, production of material, transfer of persons to give evidence and confiscation of the proceeds of crime.

The subsidiary legislation, the Mutual Legal Assistance in Criminal Matters Regulation, was subsequently made in February 1998 to provide for the practice and procedures in relation to the performance by magistrates of functions under the Ordinance.

Pursuant to the provisions in the Ordinance and to specifically enable the arrangements embodied in the signed agreements to be brought into force, the Chief Executive in Council has made four Mutual Legal Assistance in Criminal Matters Orders which are introduced to this Council for approval today. Apart from this Mutual Legal Assistance in Criminal Matters (Australia) Order, I shall in a moment move the resolution to make the other three Orders.

These four Orders specify the scope and procedures in relation to the provision of assistance. They also provide for safeguards of the rights of persons involved in criminal proceedings. These Orders are substantially in conformity with the provisions in the Ordinance. However, as mutual legal assistance practices vary from jurisdictions to jurisdictions, it is necessary to modify some of the provisions of the Ordinance to reflect the practice of the particular negotiating partner. These are necessary to enable Hong Kong to comply with its obligations in the particular agreement. The modifications have been summarised in the Schedule to each of the Orders.

I would like to thank the Chairman, the Honourable James To and other Members of the Subcommittee for their careful examination of these resolutions, and for their support.

In order to strengthen our co-operation with other jurisdictions in criminal justice and international law enforcement, it is extremely important that these four Mutual Legal Assistance in Criminal Matters Orders be made. With these remarks, I urge Members to approve the making of the Mutual Legal Assistance in Criminal Matters (Australia) Order.

Thank you, Madam President.

End/Wednesday, December 9, 1998

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