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

16. Requests for removal to Hong Kong
(1) Where—
(a) a criminal matter has commenced in Hong Kong; and
(b) the Secretary for Justice is of the opinion that a person who is in a place outside Hong Kong—
(i) is an external prisoner;
(ii) is capable of giving assistance in relation to the criminal matter; and
(iii) has consented to being removed to Hong Kong for the purpose of giving such assistance,
then the Secretary for Justice may request that place to authorize the removal of that person to Hong Kong for that purpose.
(2) Where the Secretary for Justice makes a request under subsection (1), he may make arrangements with an appropriate authority of the place outside Hong Kong concerned for the purposes of—
(a) the removal of the person to Hong Kong;
(b) the custody of the person while in Hong Kong;
(c) the return of the person to that place; and
(d) other relevant matters.
(3) For the purposes of subsection (2)(b), the Secretary for Justice may direct in writing the Commissioner, within the meaning of the Prisons Ordinance (Cap. 234), or other appropriate person to keep in custody a person referred to in that subsection, and the Commissioner or that other appropriate person, as the case may be, shall comply with any such direction.
(Amended L.N. 362 of 1997)

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

17. Immunities
(1) Where a person is in Hong Kong—
(a) pursuant to a request under section 16; or
(b) to give assistance in relation to a criminal matter, pursuant to a request made by the Secretary for Justice (not being a request under section 16) to a place outside Hong Kong for assistance in the criminal matter, (Amended L.N. 362 of 1997)
then the person, subject to subsection (3), shall not—
(i) be detained, prosecuted or punished in Hong Kong for any Hong Kong offence that is alleged to have been committed, or that was committed, before the person’s departure from the place outside Hong Kong concerned pursuant to the request;
(ii) be subjected to any civil suit in respect of any act or omission of the person that is alleged to have occurred, or that occurred, before the person’s departure from the place outside Hong Kong concerned pursuant to the request, being a civil suit to which the person could not be subjected if the person were not in Hong Kong;
(iii) be required to give assistance in relation to any criminal matter in Hong Kong other than the criminal matter to which the request relates;
(iv) be required, in relation to the criminal matter to which the request relates, to answer any question that the person would not be required to answer in relation to the criminal matter in the place outside Hong Kong concerned; or
(v) be required, in relation to the criminal matter to which the request relates, to produce a thing that the person would not be required to produce in relation to the criminal matter in the place outside Hong Kong concerned.
(2) A duly certified external law immunity certificate is admissible in proceedings as evidence of the matters stated in the certificate.
(3) Subsection (1) ceases to apply to a person if—
(a) the person has left Hong Kong; or
(b) the person has had an opportunity of leaving Hong Kong and has remained in Hong Kong otherwise than for—
(i) the purpose to which the request relates; or
(ii) the purpose of giving assistance in relation to a criminal matter in Hong Kong certified in writing by the Secretary for Justice to be a criminal matter in relation to which it is desirable that the person give assistance. (Amended L.N. 362 of 1997)
(4) Subsection (1)(iv) or (v) does not apply in a case where its application would be inconsistent with any provision of prescribed arrangements, if any, between Hong Kong and the prescribed place concerned.
(5) A certificate given by the Secretary for Justice for the purposes of subsection (3)(b)(ii) has effect from the day specified in the certificate (which may be a day before the day on which the certificate is given). (Amended L.N. 362 of 1997)

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

18. Status of person prosecuted for Hong Kong offence committed after departure from place outside Hong Kong
(1) Where a person has come to Hong Kong pursuant to a request under section 16, the person shall be taken, for the purposes of this Ordinance, to be in Hong Kong pursuant to the request during any period during which the person remains in Hong Kong for the purpose of being tried for a Hong Kong offence that the person is alleged to have committed after the person’s departure from the place outside Hong Kong concerned.
(2) Without limiting the generality of subsection (1), the person shall be kept in such custody as the Secretary for Justice directs under section 16(3). (Amended L.N. 362 of 1997)

19. Limitation on use of statement made by certain persons
Where—
(a) a person is in Hong Kong—
(i) pursuant to a request under section 16; or
(ii) to give assistance in relation to a criminal matter pursuant to a request made by the Secretary for Justice (not being a request under section 16), to a place outside Hong Kong for assistance in the criminal matter; and (Amended L.N. 362 of 1997)
(b) the person has made a statement in relation to the criminal matter to which the request relates or in relation to a criminal matter certified by the Secretary for Justice under section 17(3)(b)(ii) in relation to the person, (Amended L.N. 362 of 1997)
then that statement—
(i) shall not be admitted or otherwise used in any prosecution of the person for a Hong Kong offence other than an offence under section 36 of the Crimes Ordinance (Cap. 200);
(ii) may be admitted or used against him for the purpose of impeaching his credibility in criminal proceedings in respect of a Hong Kong offence where in giving evidence he makes a statement inconsistent with it.

20. Release of certain persons upon request by place outside Hong Kong
Where—
(a) a person is being held in custody in accordance with a direction of the Secretary for Justice under section 16(3); and
(b) the place outside Hong Kong from which the person has been brought requests the release of the person from custody,
then the Secretary for Justice shall direct that the person be released from custody.
(Amended L.N. 362 of 1997)

21. Escaping
Any person who escapes from lawful custody while in Hong Kong pursuant to a request under section 16 commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years.

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

22. Arrest of person who has escaped from custody
(1) Any police officer may, without warrant, arrest a person, if the police officer has reasonable grounds to believe that the person—
(a) has been brought to Hong Kong pursuant to a request under section 16; and
(b) has escaped from lawful custody while in Hong Kong pursuant to the request.
(2) A person who has been arrested pursuant to subsection (1) shall be returned to custody in accordance with this Ordinance.