*********************************************************
The Chief Secretary for Administration, Mrs Carrie Lam, on behalf of the Government of the Hong Kong Special Administrative Region (HKSAR) and the Secretary of State for Justice, Mr Fernando Román, representing the Government of Spain, yesterday (November 15) signed two bilateral agreements on Mutual Legal Assistance in Criminal Matters (MLA) and Transfer of Sentenced Persons (TSP) respectively with the Government of Spain in Madrid, Spain.
A spokesman for the HKSAR Government said that the signing of the two agreements demonstrated the full commitment of Hong Kong and Spain towards international legal co-operation and a global approach to tackling cross-boundary crimes.
The MLA and TSP agreements with Spain are respectively the 28th and 12th agreement of their kinds between the HKSAR and other jurisdictions.
Under the Basic Law, the HKSAR Government may, with the authorisation of the Central People's Government, make appropriate arrangements with foreign states for reciprocal juridical assistance. Since its return to China, the HKSAR has been active in establishing a wider network of bilateral juridical assistance by signing more similar agreements with other jurisdictions.
The MLA Agreement with Spain 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;
(c) obtaining of evidence including documents, articles and records;
(d) executing requests for search and seizure;
(e) facilitating the appearance of persons to provide assistance;
(f) effecting the temporary transfer of persons in custody to provide assistance;
(g) tracing, restraining, forfeiting and confiscating the proceeds and instrumentalities of criminal activities;
(h) delivery of property, including the restitution of property and lending of exhibits;
(i) exchange of information relating to criminal acts and institution of criminal proceedings in the Requested Party; and
(j) other assistance consistent with the objects of the agreement which is not inconsistent with the law of the Requested Party.
The other 27 jurisdictions that already have MLA Agreements with the HKSAR are Australia, the United States, France, the United Kingdom, New Zealand, Italy, Republic of Korea, Switzerland, Canada, the Philippines, Portugal, Ireland, the Netherlands, Ukraine, Singapore, Belgium, Denmark, Poland, Israel, Germany, Malaysia, Finland, Indonesia, Japan, Sri Lanka, South Africa and India.
"The transfer of sentenced persons to their place of origin, by returning them to an environment free of language and cultural barriers and where their friends and relatives can visit regularly, is conducive to their rehabilitation. It is the HKSAR Government's policy to facilitate such transfers between the HKSAR and other places," the spokesman for the HKSAR Government said regarding the TSP Agreement.
The other 11 jurisdictions that already have TSP Agreements with the HKSAR are: the United States, the United Kingdom, Sri Lanka, Thailand, Italy, the Philippines, Portugal, Australia, Belgium, France and the Macao Special Administrative Region.
Ends/Friday, November 16, 2012
Issued at HKT 11:36
NNNN
