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LCQ17: Discussion between Hong Kong and Macau on the arrangement for surrender of fugitive offenders and mutual legal assistance in criminal matters
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     Following is a question by the Hon Emily Lau and a written reply by the Secretary for Security, Mr Lai Tung-kwok, in the Legislative Council today (February 24):

Question:

     It has been reported that the Secretary for Justice visited Macau in July and December 2014 to negotiate with his counterpart in the Macau Government for the agreements on the surrender of fugitive offenders and mutual legal assistance in criminal matters, which have yet to be finalised. On July 20, 2015, the Secretary for Administration and Justice of the Macau Government told the Macau media that as the agreement on mutual legal assistance in criminal matters was being negotiated by the two Governments on the basis of "one country, two systems", the principles concerning mutual legal assistance in criminal matters to be observed in the agreement might not be fully compatible with those provided for in the relevant agreements entered into by the Macau Government with the governments of foreign countries. In this connection, will the Executive Authorities inform this Council:

(1) of the draft provisions of the aforesaid agreements under negotiation;

(2) whether they intend to enter with the Macau Government into an agreement observing all of the principles concerning mutual legal assistance in criminal matters provided for in those agreements already entered into by the Executive Authorities with the governments of foreign countries ; and

(3) whether the agreement on the surrender of fugitive offenders to be entered into will empower the extradition of the relevant persons from Hong Kong to Macau to stand trial for offences that do not have equivalents in the Hong Kong law, (namely treason, subversion, sedition and theft of state secrets)?

Reply:

President,

     Our consolidated reply to the various parts of the question is as follows:

     The discussion between the Hong Kong Special Administrative Region Government (HKSARG) and the Macau Special Administrative Region Government on the arrangements for the surrender of fugitive offenders and mutual legal assistance in criminal matters is underway. Given the differences in the legal systems between the two places, the two governments are still working to formulate texts of the arrangements which will be acceptable to both sides and can be implemented. The HKSARG will ensure that the arrangements will on the one hand achieve juridical co-operation between the two places, and on the other hand, be consistent with the provisions of the Basic Law of Hong Kong (including those concerning human rights) and such other legal obligations as may be relevant. In Hong Kong, the arrangements, after being signed, will have to go through a legislative process before they can be implemented.

Ends/Wednesday, February 24, 2016
Issued at HKT 15:19

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