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The Government is making subsidiary legislation to implement the requirements of confiscation of proceeds, extradition and mutual legal assistance (MLA) under the United Nations Convention Against Corruption (UNCAC) in the Hong Kong Special Administrative Region (HKSAR).
A Government spokesman noted that the Convention had been ratified by the Central People's Government and entered into force for China including the HKSAR.
"Whilst most of the requirements of the Convention can be fulfilled by existing legislation and administration measures, some minor legislative amendments, however, should be made in relation to the confiscation of proceeds of crime, extradition and MLA so that HKSAR can fulfil the relevant requirements under the Convention," the spokesman said.
Article 31 of the Convention requires States Parties to adopt measures for the identification, tracing, freezing, seizure and eventual confiscation of proceeds of corruption-related crimes. Offences as defined under sections 4(1), 5(1), 6(1) and 9(2) of the Prevention of Bribery Ordinance (POBO) relating to the offering of bribes are already subject to the confiscation regime under the Organised and Serious Crimes Ordinance. Offences as defined under sections 4(2), 5(2), 6(2) and 9(1) of POBO relating to the soliciting or accepting of bribes will also be covered by way of the Organised and Serious Crimes Ordinance (Amendment to Schedule 2) Order 2007. After enactment of the Order, the HKSAR Government will be able to apply to the court for the freezing, seizure and confiscation of proceeds or property derived from these offences of soliciting and accepting bribes as well.
While Article 44 requires States Parties to extradite a person for offences established in accordance with the Convention, Articles 46 and 57 of the UNCAC require that States Parties shall afford one another the widest measure of MLA in relation to the offences covered by the UNCAC. The Fugitive Offenders (Corruption) Order and the Mutual Legal Assistance in Criminal Matters (Corruption) Order are to respectively direct that the procedures in the Fugitive Offenders Ordinance and the Mutual Legal Assistance in Criminal Matters Ordinance shall apply as between Hong Kong and the States Parties of the UNCAC, thereby implementing the extradition and MLA requirements under the UNCAC.
The Fugitive Offenders (Corruption) Order will be gazetted this Friday (May 25) and tabled at the Legislative Council next Wednesday (May 30). The Administration also intends to introduce the Organised and Serious Crimes Ordinance (Amendment to Schedule 2) Order 2007 and the Mutual Legal Assistance in Criminal Matters (Corruption) Order to LegCo for approval in June 2007.
Ends/Wednesday, May 23, 2007
Issued at HKT 19:27
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