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The Secretary for Security, Mr Ambrose S K Lee, on behalf of the Hong Kong Special Administrative Region (HKSAR) Government, and the Minister of State for Home Affairs, Mr M Ramachandran, representing the Government of the Republic of India (India), today (September 14) signed an Agreement on Mutual Legal Assistance in Criminal Matters (MLA) in New Delhi, India.
Speaking at the signing ceremony, Mr Lee said the signing of the bilateral agreement between Hong Kong and India today marked an important step in fostering closer cooperation between the two places in legal and judicial assistance.
"We welcome this development, and look forward to working in partnership with India in maintaining law and order in our two places."
He said Hong Kong and India were long-time partners in judicial cooperation.
"In 1997, the two governments signed the Agreement on the Surrender of Fugitive Offenders, which provides an effective mechanism for extraditing fugitives for the prosecution or the imposition or enforcement of a sentence in respect of extraditable offences between Hong Kong and India," he said.
Noting that the two places had also concluded the negotiation of a Transfer of Sentenced Persons Agreement, Mr Lee said, "We are working closely together to bring the agreement into force so that prisoners of the two places will be able to return to their places of origin to serve their sentences in an environment free of language and cultural barriers".
The MLA agreement signed today is the 27th bilateral agreement of its kind concluded by the HKSAR with other jurisdictions.
The MLA agreement with India contains all the essential features and safeguards of international agreements of this type. Assistance covered by the Agreement includes –
(a) identifying and locating persons;
(b) serving of documents;
(b) obtaining of information, statements,
evidence, articles or documents;
(d) executing requests for search and seizure;
(e) facilitating the personal appearance of persons to provide assistance;
(f) effecting the temporary transfer of persons in custody to provide assistance;
(g) obtaining production of judicial or official records;
(h) tracing, restraining, forfeiting and confiscating the proceeds and instruments of crime;
(i) providing information, documents and records;
(j) delivery of property, including lending of exhibits. ; and
(k) other assistance consistent with the objectives of the Agreement which is not inconsistent with the law of the Requested Party.
The MLA agreement shall enter into force 30 days after the date on which the parties have notified each other in writing that their respective requirements for the entry into force of the Agreement have been complied with.
Before the signing ceremony, Mr Lee met the Home Secretary and Secretary (Justice), Mr Shri Gopal K. Pillai, and discussed general law and order issues of concern to the two places.
He also called on the Narcotics Control Bureau and exchanged views with the bureau's Director General, Mr Shri O.P.S. Malik, on anti-narcotics measures taken by law enforcement agencies of Hong Kong and India.
Mr Lee will continue with his visit in India tomorrow (September 15) by calling on India's Central Board of Excise and Customs before returning to Hong Kong on Wednesday (September 16).
Ends/Monday, September 14, 2009
Issued at HKT 19:46
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