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The Secretary for Security, Mr Ambrose SK Lee, on behalf of the Hong Kong Special Administrative Region (HKSAR) Government, and Acting Consul-General of Germany, Mr Helmut Rausch, representing the Government of the Federal Republic of Germany, today (May 26) signed two bilateral agreements concerning surrender of fugitive offenders (SFO) and mutual legal assistance in criminal matters (MLA).
The SFO and MLA Agreements signed are respectively the 15th and 20th bilateral agreement of their kind concluded by the HKSAR to facilitate international co-operation against crime.
The SFO Agreement sets out the conditions for the surrender of fugitive offenders between Hong Kong and Germany, and contains the usual safeguards of similar international agreements. These include:
* the double criminality rule: the conduct in respect of which a person's return is required must constitute an offence punishable by imprisonment for at least one year according to the law of both Parties;
* death penalty: surrender may be refused if the offence for which surrender of a fugitive is requested is punishable with the death penalty;
* the political offences rule: surrender shall be refused if the offence in question is an offence of a political character;
* the prima facie rule: a requirement that the evidence against the person sought by the Requesting Party should be sufficient to justify his committal for trial according to the law of the Requested Party;
* the specialty rule: a person returned must not be tried for offences other than those for which he was surrendered; and
* protection against re-surrender to a third jurisdiction.
The MLA Agreement contains all the essential features and safeguards for international agreements of this type. The major kinds of assistance covered by the Agreement are:
* taking evidence and obtaining statements of persons;
* providing information, documents and records;
* locating persons and objects;
* search and seizure;
* tracing, restraining and forfeiting and confiscating the proceeds and instrumentalities of crime;
* delivering property;
* making persons available to give evidence or assist investigations;
* serving documents; and
* other assistance consistent with the objectives of the Agreement and not inconsistent with the law.
The Fugitive Offenders Ordinance and the Mutual Legal Assistance in Criminal Matters Ordinance provide the necessary legislative framework for the implementation of the two agreements concerned. Each agreement will enter into force 30 days after both sides have notified each other that their respective requirements for the entry into force of the Agreement have been complied with.
Ends/Friday, May 26, 2006
Issued at HKT 17:12
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