LC: Speech by S for S in moving the Resolution under Mutual Legal Assistance in Criminal Matters (Spain) Order
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     Following is the speech (English translation) by the Secretary for Security, Mr Lai Tung-kwok, in moving the Resolution under Mutual Legal Assistance in Criminal Matters (Spain) Order in the Legislative Council today (March 19):

Mr President,

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

     Many crimes are now committed across borders.  To tackle cross-border crimes which are on the rise, the international community has to strengthen law enforcement and judicial cooperation.

     Hong Kong has been actively co-operating with other jurisdictions on criminal matters, and seeking to conclude bilateral agreements on mutual legal assistance in criminal matters (MLA) with other jurisdictions in accordance with Article 96 of the Basic Law to establish strong and comprehensive co-operation relationships.  These bilateral agreements provide for reciprocal assistance between Hong Kong and the contracting parties, and demonstrate Hong Kong's commitment to the international effort in fighting crimes.

     The Mutual Legal Assistance in Criminal Matters Ordinance (the MLA Ordinance) provides a statutory framework for implementing agreements on MLA 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.

     Hong Kong has so far signed MLA agreements with 30 foreign jurisdictions, including the MLA agreement signed with Spain in November 2012, and the MLA agreement signed with the Czech Republic in March 2013.  Pursuant to the MLA Ordinance, the Chief Executive in Council has made the Mutual Legal Assistance in Criminal Matters (Spain) Order and the Mutual Legal Assistance in Criminal Matters (Czech Republic) Order to implement the two bilateral agreements, to enable the MLA Ordinance to be applied as between Hong Kong and Spain as well as between Hong Kong and the Czech Republic.

     As the legislation and the arrangements of each jurisdiction on mutual legal assistance in criminal matters vary, it is often necessary for the corresponding Order to make modifications to certain provisions of the MLA Ordinance to a limited extent in order to reflect the practices of that particular jurisdiction.  Such modifications are necessary to enable Hong Kong and the related bilateral partners to discharge their obligations under the respective bilateral agreement.  The modifications made for the bilateral agreements between Hong Kong and Spain as well as between Hong Kong and the Czech Republic are respectively specified in Schedule Two to the corresponding Order.  These modifications do not affect that the two Orders substantially conform to the provisions of the MLA Ordinance.

     The Subcommittee set up by the Legislative Council has completed its scrutiny of the Mutual Legal Assistance in Criminal Matters (Spain) Order and the Mutual Legal Assistance in Criminal Matters (Czech Republic) Order.  I would like to thank the Chairman of the Subcommittee, Honourable James To, and other Members of the Subcommittee for giving support to the Administration in the submission of the two Orders to this Council for approval.

     The two Orders will come into operation on the thirtieth day after the contracting parties have notified each other that their respective local requirements have been complied with.  I will appoint by notices in the Gazette the commencement dates of the Orders in accordance with the requirements of the Orders.

     I now invite Members to approve the making of the Mutual Legal Assistance in Criminal Matters (Spain) Order.  I will in a moment move the resolution to approve the Mutual Legal Assistance in Criminal Matters (Czech Republic) Order.

     Thank you, Mr President.

Ends/Wednesday, March 19, 2014
Issued at HKT 20:20

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