Hong Kong And Japan Sign Legal Assistance Pact

by Mary Swire, Tax-News.com, Hong Kong

26 May 2008

Hong Kong and Japan have signed an agreement on mutual legal assistance in criminal matters, the 24th that the city has signed with other jurisdictions.

Secretary for Security Ambrose Lee and Consul-General and Ambassador of Japan Shigekazu Sato signed the pact on 23rd May.

The agreement covers:

• obtaining testimony, statements or items;
• examining, locating or identifying people, items or places;
• providing items in the possession of the requested party;
• presenting an invitation to a person whose appearance in the requesting party is sought;
• transfer of a person in custody for giving testimony or assisting in investigations, prosecutions or other proceedings;
• serving judicial documents;
• assisting in proceedings related to confiscation and immobilisation of proceeds or instrumentalities of criminal offences; and
• other assistance permitted under the laws of the requested party.

The agreement comes into force 30 days after the date on which the parties exchange notes informing each other that they have completed their respective internal legal procedures necessary for the agreement's entry into force.

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