### Mutual Legal Assistance in Criminal Matters Ordinance 《刑事事宜相互法律協助條例》

30. Evidence in relation to proceedings and orders in place outside Hong Kong
(1) For the purposes of sections 27 and 28 and Schedule 2, a certificate purporting to be issued by or on behalf of the appropriate authority of a place outside Hong Kong stating—
(a) that a proceeding has been instituted and has not been concluded, or that a proceeding is to be instituted, in the place;
(b) that an external confiscation order is in force and is not subject to appeal;
(c) that all or a certain amount of the sum payable under an external confiscation order remains unpaid in the place, or that other property recoverable under an external confiscation order remains unrecovered in the place;
(d) that any person has been notified of any proceeding in accordance with the law of the place; or
(e) that an order (however described) made by a court in the place has the purpose of—
(i) recovering (including forfeiting and confiscating)—
(A) payments or other rewards received in connection with an external serious offence or their value;
(B) property derived or realised, directly or indirectly, from payments or other rewards received in connection with an external serious offence or the value of such property; or
(C) property used or intended to be used in connection with an external serious offence or the value of such property; or
(ii) depriving a person of a pecuniary advantage obtained in connection with an external serious offence,
shall, in any proceeding in the Court of First Instance, be admissible as evidence of the facts so stated. (Amended 25 of 1998 s. 2)
(2) In any such proceeding a statement contained in a document, duly certified, which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarise evidence given in proceedings in a court in a place outside Hong Kong, shall be admissible as evidence of any fact stated therein.
(3) A document is duly certified for the purposes of subsection (2) if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in the place outside Hong Kong concerned, or by or on behalf of an appropriate authority of the place, to have been received in evidence or to be a copy of a document so received or, as the case may be, to be the original document containing or summarising the evidence or a true copy of that document.
(4) Nothing in this section shall prejudice the admission of any evidence, whether contained in any document or otherwise, which is admissible apart from this section.

### Mutual Legal Assistance in Criminal Matters Ordinance 《刑事事宜相互法律協助條例》

31. Service of documents
(1) Where a place outside Hong Kong requests the Secretary for Justice to arrange for the service in Hong Kong of a process relating to a criminal matter in that place, then the Secretary for Justice may arrange for the service of the process. (Amended L.N. 362 of 1997)
(2) Without limiting the manner in which the service of a document in a place outside Hong Kong may be proved in Hong Kong, service of such a document may be proved by affidavit of the person who served the document.
(3) Any failure to comply with any process referred to in this section is not an offence under the law of Hong Kong.

32. Certification of documents
(1) In a criminal matter to which this Ordinance relates, any document that is duly certified is admissible in evidence.
(2) A document is duly certified for the purposes of subsection (1) if it purports to be authenticated by the oath of a witness or an officer of the government of the place outside Hong Kong concerned or to be sealed with an official or public seal of the place or of a minister of state, or of a department or officer of the government, of the place.
(3) Nothing in this section prevents the proof of any matter, or the admission in evidence of any document, in accordance with any other provision of this Ordinance or law of Hong Kong.

33. Regulations
The Chief Executive in Council may make regulations— (Amended 71 of 1999 s. 3)
(a) prescribing anything that is required or permitted to be prescribed under this Ordinance;
(b) generally for the better and more effectual carrying out of the provisions of this Ordinance, including incidental, consequential, evidential and supplemental provisions,
and, in particular—
(i) prescribing the practice and procedure in relation to the performance by magistrates of functions under this Ordinance, including the summoning of witnesses, the production of documents, the taking of evidence on oath or otherwise than on oath, the administering of oaths, the payment of expenses and allowances of witnesses and the protection and immunity of magistrates, of barristers and solicitors appearing before magistrates and of witnesses; and (Amended 23 of 2003 s. 21)
(ii) prescribing penalties not exceeding a fine at level 3 or imprisonment for 6 months for offences against the regulations.

### Mutual Legal Assistance in Criminal Matters Ordinance 《刑事事宜相互法律協助條例》

35. Amendment of Schedules
(1) The Legislative Council may, by resolution, amend Schedule 1.
(2) The Chief Executive in Council may, by notice in the Gazette, amend Schedule 2. (Amended 71 of 1999 s. 3)

36. Consequential and other amendments
The enactments specified in Schedule 3 are amended as set out in that Schedule.

### Long-term Prison Sentences Review Ordinance 《長期監禁刑罰覆核條例》

1. Short title
(Amended E.R. 3 of 2021)(1) This Ordinance may be cited as the Long-term Prison Sentences Review Ordinance.
(2) (Omitted as spent—E.R. 3 of 2021)

2. Purposes of Ordinance
The purposes of this Ordinance are as follows—
(a) to provide for the review of prison sentences imposed on prisoners sentenced in Hong Kong to indeterminate or long-term sentences;
(b) to provide for the review of detentions of persons detained at Executive discretion;
(c) to provide for the review of sentences imposed on juvenile prisoners;
(d) to provide for the review of sentences of prisoners who, having been convicted of offences outside Hong Kong and sentenced to indeterminate or long-term sentences for those offences, are serving all or part of those sentences at prisons in Hong Kong.

3. Application of Ordinance
This Ordinance applies to and in relation to all long-term prisoners, prisoners serving indeterminate sentences, juvenile prisoners and transferred prisoners, whether their sentences were imposed before or after the commencement* of this section.
Editorial Note:* Commencement date: 30 June 1997.