Hong Kong Ordinances

MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ORDINANCE - SECT 4

Chief Executive in Council may apply Ordinance

Adaptation amendments retroactively made - see 71 of 1999 s. 3

(1) Subject to subsections (2) and (3), the Chief Executive in Council may,
with the approval of the Legislative Council, in relation to any
arrangements for mutual legal assistance, by order to which is annexed a copy
of the arrangements direct that this Ordinance shall, subject to such
modifications thereto as may be specified in the order, apply as between Hong
Kong and the place outside Hong Kong to which the arrangements relate.
(Amended 71 of 1999 s. 3)

(2) The Chief Executive in Council shall not make an order under subsection
(1) unless the arrangements for mutual legal assistance are substantially in
conformity with the provisions of this Ordinance. (Amended 71 of 1999 s. 3)

(3) Where an order under subsection (1) specifies modifications referred to in
that subsection, the modifications shall be summarized in a Schedule to the
order.

(4) An order under subsection (1) may specify that it shall come into
operation on a day-

   (a)  specified in the order; or

   (b)  to be appointed by the Secretary for Security by notice in the
        Gazette.

(5) A copy of an order under subsection (1) shall be conclusive evidence that
this Ordinance applies in the case of any place outside Hong Kong to which the
order relates.

(6) Where any arrangements for mutual legal assistance cease to relate to, or
become related to, a place outside Hong Kong, the Chief Executive may, by
notice in the Gazette, amend the order under subsection

(1) which relates to those arrangements to specify- (Amended 71 of 1999 s. 3)

   (a)  that those arrangements have ceased to relate to, or have become
        related to, as the case may be, that place; and

   (b)  the date on which the event referred to in paragraph (a) occurred.

(7) Section 35(b) of the Interpretation and General Clauses  Ordinance (
Cap 1) shall apply to an order under subsection (1) as if for
the words "amend the whole or any part" in that section there were
substituted the words "repeal the whole".