Hong Kong Ordinances

MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ORDINANCE - SECT 16

Requests for removal to Hong Kong

PART V

TRANSFER OF PERSONS TO GIVE ASSISTANCE IN RELATION TO CRIMINAL MATTERS

(1) Where-

   (a)  a criminal matter has commenced in Hong Kong; and

   (b)  the Secretary for Justice is of the opinion that a person who is in a
        place outside Hong Kong-

        (i)    is an external prisoner;

        (ii)   is capable of giving assistance in relation to the criminal 
               matter; and

        (iii)  has consented to being removed to Hong Kong for the purpose of
               giving such assistance, then the Secretary for Justice may
               request that place to authorize the removal of that person to
               Hong Kong for that purpose.

(2) Where the Secretary for Justice makes a request under subsection (1), he
may make arrangements with an appropriate authority of the place outside Hong
Kong concerned for the purposes of-

   (a)  the removal of the person to Hong Kong;

   (b)  the custody of the person while in Hong Kong;

   (c)  the return of the person to that place; and

   (d)  other relevant matters.

(3) For the purposes of subsection (2)(b), the Secretary for Justice may
direct in writing the Commissioner, within the meaning of the
Prisons Ordinance ( Cap 234), or other appropriate person to keep in custody a
person referred to in that subsection, and the Commissioner or that other
appropriate person, as the case may be, shall comply with any such direction.
(Amended L.N. 362 of 1997)