Hong Kong Ordinances

MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ORDINANCE - SECT 17

Immunities

(1) Where a person is in Hong Kong-

   (a)  pursuant to a request under section 16; or

   (b)  to give assistance in relation to a criminal matter, pursuant to a
        request made by the Secretary for Justice (not being a request under
        section 16) to a place outside Hong Kong for assistance in the
        criminal  matter, (Amended L.N. 362 of 1997) then the person, subject
        to subsection (3), shall not-

        (i)    be detained, prosecuted or punished in Hong Kong for any Hong 
               Kong offence that is alleged to have been committed, or that
               was committed, before the person's departure from the place
               outside Hong Kong concerned pursuant to the request;

        (ii)   be subjected to any civil suit in respect of any act or
               omission of the person that is alleged to have occurred, or
               that occurred, before the person's departure from the place
               outside Hong Kong concerned pursuant to the request, being a
               civil suit to which the person could not be subjected if the
               person were not in Hong Kong;

        (iii)  be required to give assistance in relation to any criminal 
               matter in Hong Kong other than the criminal matter to which the
               request relates;

        (iv)   be required, in relation to the criminal matter to which the
               request relates, to answer any question that the person would
               not be required to answer in relation to the criminal matter in
               the place outside Hong Kong concerned; or

        (v)    be required, in relation to the criminal matter to which the
               request relates, to produce a thing that the person would not
               be required to produce in relation to the criminal matter in
               the place outside Hong Kong concerned.

(2) A duly certified external law immunity certificate is admissible in
proceedings as evidence of the matters stated in the certificate.

(3) Subsection (1) ceases to apply to a person if-

   (a)  the person has left Hong Kong; or

   (b)  the person has had an opportunity of leaving Hong Kong and has
        remained in Hong Kong otherwise than for-

        (i)    the purpose to which the request relates; or

        (ii)   the purpose of giving assistance in relation to a criminal 
               matter in Hong Kong certified in writing by the Secretary for
               Justice to be a criminal matter in relation to which it is
               desirable that the person give assistance. (Amended L.N. 362 of
               1997)

(4) Subsection (1)(iv) or (v) does not apply in a case where its application
would be inconsistent with any provision of prescribed  arrangements, if any,
between Hong Kong and the prescribed place concerned.

(5) A certificate given by the Secretary for Justice for the purposes of
subsection (3)(b)(ii) has effect from the day specified in the certificate
(which may be a day before the day on which the certificate is given).
(Amended L.N. 362 of 1997)