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The Secretary for Security, Mr Lai Tung-kwok, and the Consul General of the Czech Republic in Hong Kong, Mr Jaroslav Kantůrek, today (March 4) represented the Governments of the Hong Kong Special Administrative Region (HKSAR) and the Czech Republic in signing three bilateral agreements on mutual legal assistance in criminal matters (MLA), surrender of persons wanted for criminal proceedings (SPW), and transfer of sentenced persons (TSP) in Central Government Offices.
"The signing of the three agreements today demonstrates the full commitment of both Hong Kong and the Czech Republic to international legal co-operation and a global approach to tackling cross-boundary crimes," Mr Lai said at the signing ceremony.
The MLA, SPW and TSP Agreements with the Czech Republic are respectively the 29th, 19th and 13th agreement of their kinds between the HKSAR and other jurisdictions.
"The signing of the Agreements also underlines Hong Kong's strengths under the 'One Country, Two Systems' principle," Mr Lai added. Under the Basic Law, the HKSAR Government may, with the authorisation of the Central People's Government, make appropriate arrangements with foreign states for reciprocal juridical assistance.
The MLA Agreement
The MLA Agreement with the Czech Republic contains all the essential features and safeguards of international agreements of this type. Assistance covered by the Agreement includes:
(a) identifying and locating persons;
(b) serving documents;
(c) obtaining statements and evidence from persons;
(d) executing requests for search and seizure;
(e) facilitating the personal appearance of persons to provide assistance;
(f) effecting the temporary transfer of prisoners to provide assistance;
(g) providing information, documents and records (including judicial and any other official records);
(h) tracing, restraining and confiscating the proceeds and instrumentalities of criminal activities;
(i) delivery of articles and lending of exhibits; and
(j) any other assistance consistent with the laws of the Requested Party.
Twenty-eight other jurisdictions that already have MLA Agreements with the HKSAR are Australia, Belgium, Canada, Denmark, Finland, France, Germany, India, Indonesia, Ireland, Israel, Italy, Japan, Korea, Malaysia, the Netherlands, New Zealand, the Philippines, Poland, Portugal, Republic of Switzerland, Singapore, South Africa, Spain, Sri Lanka, Ukraine, the United Kingdom and the United States.
The SPW Agreement
The SPW Agreement sets out the conditions for the surrender of persons wanted for criminal proceedings between Hong Kong and the Czech Republic, and contains the usual safeguards found in similar international agreements, including that the conduct must constitute an offence according to the laws of both parties, and surrender may be refused if the offence is punishable by the death penalty.
Eighteen other jurisdictions that already have similar Agreements with the HKSAR are Australia, Canada, Finland, Germany, India, Indonesia, Ireland, Malaysia, the Netherlands, New Zealand, the Philippines, Portugal, Republic of Korea, Singapore, South Africa, Sri Lanka, the United Kingdom and the United States.
The TSP Agreement
Regarding the TSP Agreement, a spokesman for the HKSAR Government said, "The transfer of sentenced persons to their place of origin, by returning them to an environment free of language and cultural barriers and where their friends and relatives can visit regularly, is conducive to their rehabilitation. It is the HKSAR Government's policy to facilitate such transfers between the HKSAR and other places."
Twelve other jurisdictions that already have TSP Agreements with the HKSAR are Australia, Belgium, France, Italy, the Macau Special Administrative Region, the Philippines, Portugal, Spain, Sri Lanka, Thailand, the United Kingdom and the United States.
Ends/Monday, March 4, 2013
Issued at HKT 19:12
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