Hong Kong Ordinances

MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ORDINANCE - SECT 9

Requests by Hong Kong for taking of evidence, etc.

Adaptation amendments retroactively made - see 25 of 1998 s. 2 PART II

ASSISTANCE IN RELATION TO TAKING OF EVIDENCE AND PRODUCTION OF THINGS

(1) The Secretary for Justice may request an appropriate authority of a place
outside Hong Kong to arrange for-

   (a)  evidence to be taken in the place and the transmission of the evidence
        to Hong Kong; or

   (b)  a thing (including a thing belonging to a class of things) in the
        place to be produced and the transmission of the thing to Hong Kong,
        for the purposes of a criminal matter in Hong Kong.

(2) The provisions of sections 77F and 77G of the Evidence  Ordinance ( Cap 8)
shall, with all necessary modifications, apply to and in relation to any
deposition, together with any thing exhibited or annexed thereto, which is
received by the Secretary for Justice pursuant to a request under subsection
(1) as if-

   (a)  that request were a letter of request issued by the Registrar of the
        High Court under section 77E of that Ordinance; (Amended 25 of 1998 s.
        2)

   (b)  that deposition, together with any thing exhibited or annexed thereto,
        were received by that Registrar pursuant to such letter; and

   (c)  any references in those provisions to criminal proceedings were
        references to-

        (i)    where the criminal matter concerned is an investigation to
which paragraph (a) of the definition of "investigation" is applicable, a
prosecution arising out of the investigation;

        (ii)   where the criminal matter concerned is an investigation to
which paragraph (b) of the definition of "investigation" is applicable, the
ancillary criminal matter to which the investigation relates;

        (iii)  where the criminal matter concerned is an ancillary criminal 
               matter, the ancillary criminal matter, and the other provisions
               of that Ordinance, or of any other Ordinance, which relate,
               whether directly or indirectly, to sections 77F and 77G of the
               Evidence Ordinance ( Cap 8) shall be construed accordingly.
               (Amended L.N. 362 of 1997)