HKLII Hong Kong Ordinances

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MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ORDINANCE - SECT 19

Limitation on use of statement made by certain persons

Where-

   (a)  a person is in Hong Kong-

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

        (ii)   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; and (Amended L.N. 362 of
               1997)

   (b)  the person has made a statement in relation to the criminal  matter to
        which the request relates or in relation to a criminal matter
        certified by the Secretary for Justice under section 17(3)(b)(ii) in
        relation to the person, (Amended L.N. 362 of 1997) then that
        statement-

        (i)    shall not be admitted or otherwise used in any prosecution of
               the person for a Hong Kong offence other than an offence under
               section 36 of the Crimes Ordinance ( Cap 200);

        (ii)   may be admitted or used against him for the purpose of
               impeaching his credibility in criminal proceedings in respect
               of a Hong  Kong offence where in giving evidence he makes a
               statement inconsistent with it.



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