LC: Speech by S for S in moving the Resolution of Mutual Legal Assistance in Criminal Matters (Indonesia) Order
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     Following is the speech (English translation) by the Secretary for Security, Mr Ambrose S K Lee, in moving the Resolution on Mutual Legal Assistance in Criminal Matters (Indonesia) Order today (March 11):

President,

     I move that the motion, as printed on the Agenda, on the resolution to make the Mutual Legal Assistance in Criminal Matters (Indonesia) Order be passed by this Council.  

     Hong Kong has been actively co-operating with other jurisdictions in combating serious crime, and is committed to concluding bilateral agreements with partners who wish to provide closer co-operation with us in mutual legal assistance in criminal matters.  These bilateral agreements ensure reciprocal assistance between the contracting parties, and are conducive to enhancing international co-operation in the fight against cross-border crime.  

     The Mutual Legal Assistance in Criminal Matters Ordinance provides the statutory framework for implementing agreements on mutual legal assistance signed between Hong Kong and other jurisdictions, enabling assistance to be provided to or obtained from foreign jurisdictions in the investigation and prosecution of criminal offences.  Such assistance includes the taking of evidence, search and seizure, production of material, transfer of persons to give evidence and confiscation of crime proceeds.

     Pursuant to the Ordinance, the Chief Executive in Council has made the Mutual Legal Assistance in Criminal Matters (Indonesia) Order to implement the bilateral agreement on mutual legal assistance in criminal matters signed with Indonesia.  By applying the Ordinance to the co-operation between Hong Kong and Indonesia, the Order allows Hong Kong to provide and obtain mutual legal assistance in accordance with the procedures set out in the Ordinance and the provisions under the agreement.  As the legislation and the arrangements on mutual legal assistance in criminal matters vary from jurisdiction to jurisdiction, it is often necessary for the implementing order of a bilateral agreement to modify certain provisions of the Mutual Legal Assistance in Criminal Matters Ordinance to a limited extent in order to reflect the practices of individual jurisdictions.  Such modifications are necessary to enable Hong Kong to discharge its obligations under the relevant bilateral agreement.  The modifications made for the bilateral agreement between Hong Kong and Indonesia are specified in Schedule 2 to the Order.  These modifications do not affect the substantial conformity of the Order with the provisions of the Mutual Legal Assistance in Criminal Matters Ordinance.

     The Subcommittee set up by the Legislative Council has completed its scrutiny of the three Orders in respect of the bilateral agreement on mutual legal assistance in criminal matters signed between Hong Kong and Indonesia and similar bilateral agreements that Hong Kong has signed with Japan and Sri Lanka respectively.  I would like to thank the Subcommittee chairman, the Honourable James To, and other members of the Subcommittee for giving support to the Administration in the submission of the three Orders to this council for approval.

     When scrutinising the Mutual Legal Assistance in Criminal Matters (Indonesia) Order, the Subcommittee noted that the Agreement between Hong Kong and Indonesia does not contain a provision that the Requested Party may refuse assistance in respect of offences punishable by death penalty. The Administration explained to the Subcommittee that in accordance with Article 6.1(e) of the Agreement, the Requested Party may refuse assistance in respect of offences punishable by death penalty on the ground that its essential interests would be impaired.  Indeed, the bilateral agreements on mutual legal assistance signed between Hong Kong and other jurisdictions such as the USA, Singapore and Malaysia also adopt a similar approach.

     The making of the Mutual Legal Assistance in Criminal Matters (Indonesia) Order will implement the bilateral agreement signed between Hong Kong and Indonesia on mutual legal assistance in criminal matters.  This is important to the strengthening of Hong Kongˇ¦s co-operation with foreign jurisdictions in mutual legal assistance in criminal matters.

     I now invite Members to approve the making of the Mutual Legal Assistance in Criminal Matters (Indonesia) Order.  I will in a moment move the resolutions to make the Mutual Legal Assistance in Criminal Matters (Japan) Order and Mutual Legal Assistance in Criminal Matters (Sri Lanka) Order.

     Thank you, President.

Ends/Wednesday, March 11, 2009
Issued at HKT 16:26

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