Hong Kong Ordinances

MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ORDINANCE - SECT 23

Requests for removal from Hong Kong

(1) Where-

   (a)  a criminal matter has commenced in a place outside Hong Kong;

   (b)  that place requests that a Hong Kong prisoner (whether or not in
        custody) or other person in Hong Kong travel to that place to give
        assistance in relation to the criminal matter;

   (c)  there are reasonable grounds to believe that the prisoner or other
        person is capable of giving such assistance; and

   (d)  the Secretary for Justice is satisfied that-

        (i)    that place has given adequate (whether or not unqualified)
               undertakings in respect of the matters referred to in
               subsection (2); and

        (ii)   the prisoner or other person has been given a copy of those
               undertakings and has subsequently consented to giving such
               assistance in that place, then the Secretary for Justice may-

        (i)    in the case of a Hong Kong prisoner who is being held in
               custody- (A) direct that the prisoner be released from custody
               for the purpose of travelling to that place to give such
               assistance; and (B) subject to the making or giving of any
               necessary directions or approvals in relation to the release of
               the prisoner, make arrangements for the travel of the prisoner
               to that place in the custody of a police or prison officer
               appointed by the Secretary for Justice for the purpose;

        (ii)   in the case of a Hong Kong prisoner, having been released from
               custody on a parole or other order or licence to be at large,
               who is not being held in custody- (A) approve the travel of the
               prisoner to that place to give such assistance and obtain such
               approvals, authorities, permissions or variations to the parole
               or other order or licence to be at large as may be required;
               and (B) subject to the obtaining of any necessary approvals,
               authorities, permissions or variations to the parole or other
               order or licence to be at large, make arrangements for the
               travel of the prisoner to that place;

        (iii)  in the case of any other person, make arrangements for the
               travel of the person to that place.

(2) The matters in relation to which undertakings are to be given by a place
outside Hong Kong for the purpose of a request that a person give assistance
referred to in subsection (1) in the place are-

   (a)  that the person shall not-

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

        (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 Hong Kong,
               being a civil suit to which the person could not be subjected
               if the person were not in the place; or

        (iii)  be required to give assistance in relation to a criminal 
               matter in the place other than the criminal matter to which the
               request relates, unless- (A) the person has left the place; or
               (B) the person has had the opportunity of leaving the place and
               has remained in that place otherwise than for the purpose of
               giving assistance in relation to the criminal matter to which
               the request relates;

   (b)  that any statement made by the person in relation to the
        criminal matter to which the request relates will be inadmissible or
        otherwise disqualified from use in the prosecution of the person for
        an external offence other than-

        (i)    perjury; or

        (ii)   contempt of court;

   (c)  that the person will be returned to Hong Kong in accordance with
        arrangements agreed by the Secretary for Justice;

   (d)  in a case where the person is being held in custody in Hong Kong and
        the Secretary for Justice requests the place to make arrangements for
        the keeping of the person in custody while the person is in that
        place-

        (i)    the making of appropriate arrangements for that purpose;

        (ii)   that the person- (A) will not be released from custody in the
               place unless the Secretary for Justice notifies an
               appropriate authority of the place that the person is entitled
               to be released from custody under the law of Hong Kong; (B)
               where the Secretary for Justice so notifies the appropriate 
               authority, will be released from custody in the place; and

        (iii)  if the person is released in the place as mentioned in
               subparagraph (ii), that the person's accommodation and expenses
               pending the completion of the criminal matter to which the
               request relates will be paid for by the place; and

   (e)  such other matters, if any, as the Secretary for Justice thinks
        appropriate. (Amended L.N. 362 of 1997)