Hong Kong Ordinances

MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ORDINANCE - SECT 13

Interpretation

Adaptation amendments retroactively made - see 25 of 1998 s. 2 PART IV

ASSISTANCE IN RELATION TO PRODUCTION, ETC. OF MATERIAL

(1) In this Part-

"court" (法院) means the Court of First Instance and the District Court;
(Amended 25 of 1998 s. 2)

"items subject to legal privilege" (享有法律特權的品目) means-

   (a)  communications between a professional legal adviser and his client or
        any person representing his client made in connection with the giving
        of legal advice to the client;

   (b)  communications between a professional legal adviser and his client or
        any person representing his client or between such an adviser or his
        client or any such representative and any other person made in
        connection with or in contemplation of legal proceedings and for the
        purposes of such proceedings; and

   (c)  items enclosed with or referred to in such communications and made-

        (i)    in connection with the giving of legal advice; or

        (ii)   in connection with or in contemplation of legal proceedings and
               for the purposes of such proceedings, when they are in the
               possession of a person who is entitled to possession of them,
               but excluding, in any case, any communications or item held
               with the intention of furthering a criminal purpose.

(2) For the avoidance of doubt, it is hereby declared that the provisions of
this Part shall not operate to prejudice the operation of the provisions of
Part III and, accordingly-

   (a)  the Secretary for Justice may make a request under section 11 in
        respect of material whether or not that material is the subject of a
        request under section 14; (Amended L.N. 362 of 1997)

   (b)  a place outside Hong Kong may make a request under section 12 in
        respect of material whether or not that material is the subject of a
        request under section 15.

"court" (法院)

"items subject to legal privilege" (享有法律特權的品目)