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Following is a question by the Hon Ho Chun-yan and a written reply by the Chief Secretary for Administration, Mr Rafael Hui, in the Legislative Council today (November 30):
Question:
The Standing Committee of the National People's Congress ratified the United Nations Convention Against Corruption ("the Convention") last month and the Convention will come into force for all States Parties with effect from 14 December this year. In this connection, will the Government inform this Council whether the Convention will be applicable to Hong Kong; if so,
(a) what measures have been taken by the SAR Government to inform the public of the implementation of the Convention in Hong Kong and how the administration of the Government and civic rights will be affected;
(b) whether provisions of the Convention will be incorporated into the Laws of Hong Kong; if not, whether it has assessed if local courts may invoke the provisions of the Convention in passing judgements; and
(c) whether it has studied how the provisions of the Convention relating to the extradition of offenders and recovery of proceeds from crimes will affect the relevant legal provisions of Hong Kong, and whether the Mainland authorities may solicit help from local law enforcement authorities to extradite offenders in Hong Kong?
Reply:
Madam President,
According to Article 153 of the Basic Law, the application to the Hong Kong Special Administrative Region (HKSAR) of international agreements to which the People's Republic of China is or becomes a party shall be decided by the Central People's Government (CPG), in accordance with the circumstances and needs of HKSAR, and after seeking the views of the government of the Region.
As regards the application of the United Nation's Convention against Corruption (UNCAC) to Hong Kong, CPG has consulted the views of HKSAR Government (HKSARG). HKSARG is committed to making the best endeavour to fight against corruption and giving top priority to international cooperation for anti-corruption. We do not have any particular problem in complying with the various requirements under the Convention. We have already informed CPG of our in-principle consent to apply UNCAC to HKSAR. We understand that the CPG is now taking the necessary procedures for ratifying the Convention and will extend its application to HKSAR in due course.
HKSARG will closely work with CPG. When we have confirmed the time and arrangement of the application of UNCAC to HKSAR, we will inform the public as soon as possible.
Once UNCAC has been applied to HKSAR, the majority of its requirements can be fulfilled by existing legislations and administrative measures in HKSAR. Where necessary, we would also consult LegCo and make the legislative proposals to implement the Convention to the fullest extent.
HKSAR has a well-established mechanism to deal with corruption and related crimes, extradition of fugitives and return or disposal of assets, etc. Therefore, HKSAR has no particular difficulty in complying with these requirements under the Convention. In accordance with the established practice, HKSARG will prepare an Order under the Fugitive Offenders Ordinance (FOO) to implement the extradition requirements set out in the Convention. The arrangements presently provided for under FOO are not applicable to the Mainland. HKSARG and CPG will separately discuss the rendition arrangement between HKSAR and the Mainland.
Ends/Wednesday, November 30, 2005
Issued at HKT 11:42
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