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The Secretary for Security, Mr Ambrose S K Lee, on behalf of the Hong Kong Special Administrative Region (HKSAR) Government and Attorney General of Malaysia, Tan Sri Abdul Gani Patail, representing the Government of Malaysia, today (October 17) signed an agreement concerning mutual legal assistance in criminal matters (MLA) and the Protocol Supplementary to the Agreement for the Surrender of Fugitive Offenders (SFO) signed in Hong Kong on January 11, 1995.
The MLA Agreement is the 21st bilateral agreement of its kind signed by Hong Kong. It contains all the essential features and safeguards for international agreements of this type. The major kinds of assistance covered by the MLA Agreement are -
* locating and identifying witnesses and suspects;
* serving judicial documents;
* obtaining statements and evidence from persons;
* executing requests for search and seizure;
* facilitating the attendance of persons to give evidence or assistance in relation to criminal matters;
* arranging the temporary transfer of persons in custody to give evidence or assistance in relation to criminal matters;
* providing information, documents, articles and records;
* identifying, tracing, restraining, seizing, recovering, forfeiting and confiscating proceeds and instrumentalities of criminal activities;
* lending of exhibits;
* examining objects and sites; and
* other assistance consistent with the objects of the MLA Agreement and not inconsistent with the law of the Requested Party.
The existing SFO Agreement with Malaysia came into force in June, 2001. The protocol supplements it by expanding the scope of extraditable offences; obligating both parties to give reasons for not taking action in response to a request for provisional arrest; and improving other operational aspects of the existing agreement. The safeguards contained in the existing agreement will not be affected.
The Mutual Legal Assistance in Criminal Matters Ordinance and the Fugitive Offenders Ordinance provide the necessary legislative framework for the implementation of the agreement and protocol respectively. They shall come into force 30 days after both sides have notified each other in writing that their respective requirements for the entry into force of the Agreement/Protocol have been complied with.
Ends/Tuesday, October 17, 2006
Issued at HKT 16:17
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