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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 Justice and Constitutional Development, Mr Mohamed Enver Surty, representing the Government of the Republic of South Africa, today (February 20) signed two bilateral agreements covering surrender of fugitive offenders (SFO) and mutual legal assistance in criminal matters (MLA).
The SFO and MLA Agreements signed are respectively the 18th and 26th bilateral agreements of their kind concluded by the HKSAR with other jurisdictions.
The SFO Agreement sets out the conditions for the surrender of fugitive offenders between the HKSAR and South Africa, and contains the usual safeguards in similar international agreements. These include:
(a) The double criminality rule: the conduct in respect of which a person’s surrender is required must constitute an offence punishable by imprisonment for at least one year according to the law of both Parties;
(b) Death penalty: surrender may be refused if the offence for which surrender of a fugitive is requested is punishable with the death penalty;
(c) The political offences rule: surrender shall be refused if the offence in question is an offence of a political character;
(d) The prima facie rule: a requirement that the evidence against the person sought by the Requesting Party should be sufficient to justify his committal for trial according to the law of the Requested Party;
(e) The specialty rule: a person surrendered must not be tried for offences other than those for which he was surrendered; and
(f) Protection against re-surrender to a third jurisdiction.
The MLA Agreement 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) The obtaining and delivery of statements, evidence, articles or documents, including the execution of letters rogatory and lending of exhibits;
(d) Executing requests for search and seizure;
(e) Facilitating the personal appearance of witnesses;
(f) Effecting the temporary transfer of persons in custody to appear as witnesses;
(g) Obtaining production of judicial or official records;
(h) Tracing, restraining, forfeiting and confiscating the proceeds and instrumentalities of criminal activities; and
(i) Providing information, documents and records.
Each agreement will become effective 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.
Ends/Friday, February 20, 2009
Issued at HKT 15:39
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