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

24. Effect of removal to place outside Hong Kong on prisoner’s term of imprisonment
Where a Hong Kong prisoner who is serving a term of imprisonment for a Hong Kong offence is released from custody pursuant to a request under section 23, the prisoner shall, while in custody in connection with the request (including custody outside Hong Kong), be deemed to be continuing to serve that term of imprisonment.

25. Requests by Hong Kong for enforcement of Hong Kong confiscation order
The Secretary for Justice may request an appropriate authority of a place outside Hong Kong to make arrangements— (Amended L.N. 362 of 1997)
(a) for the enforcement of a Hong Kong confiscation order; or
(b) where a Hong Kong confiscation order may be made in a proceeding which has been or is to be instituted in Hong Kong, to restrain dealing in any property against which the order may be enforced or which may be available to satisfy the order.

26. Satisfaction of Hong Kong confiscation order
(1) Where, in execution of a Hong Kong confiscation order pursuant to a request under section 25, property is recovered in a place outside Hong Kong but the order requires an amount specified therein to be payable, then that amount shall be treated as reduced by the value of property so recovered.
(2) For the purposes of this section and without prejudice to the admissibility of any evidence which may be admissible apart from this subsection, a certificate purporting to be issued by or on behalf of an appropriate authority of a place outside Hong Kong stating that property has been recovered there in execution of a request under section 25, stating the value of the property so recovered and the date on which it was recovered shall, in any proceedings in a court in Hong Kong, be admissible as evidence of the facts so stated.
(3) Where the value of property recovered as described in subsection (1) is expressed in a currency other than that of Hong Kong, the extent to which the amount payable under the Hong Kong confiscation order is to be reduced under that subsection shall be calculated on the basis of the exchange rate prevailing on the date on which the property was recovered in the place outside Hong Kong concerned.
(4) For the purposes of subsection (3), a certificate purporting to be signed by the Monetary Authority and stating the exchange rate prevailing on a specified date shall be admissible in any proceedings as evidence of the facts so stated.

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

27. Requests to Hong Kong for enforcement of external confiscation order
(1) Where a place outside Hong Kong requests the Secretary for Justice to make arrangements—
(a) for the enforcement of an external confiscation order; or
(b) where an external confiscation order may be made in a proceeding which has been or is to be instituted in that place, to restrain dealing in any property against which the order may be enforced or which may be available to satisfy the order,
then the Secretary for Justice may, in relation to that request, act for that place under the provisions of Schedule 2.
(2) A request under subsection (1) shall, unless the contrary is shown, be deemed to constitute the authority of the place outside Hong Kong concerned for the Secretary for Justice to act on its behalf in any proceedings in the Court of First Instance under section 28 or under any provision of Schedule 2. (Amended 25 of 1998 s. 2)
(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》

28. Registration of external confiscation orders
(1) On an application made by the Secretary for Justice, the Court of First Instance may register an external confiscation order if— (Amended L.N. 362 of 1997; 25 of 1998 s. 2)
(a) it is satisfied that at the time of registration the order is in force and not subject to appeal;
(b) it is satisfied, where any person against whom, or in relation to whose property, the order is made does not appear in the proceedings, that he received notice of the proceedings, in accordance with the law of the place outside Hong Kong concerned, in sufficient time to enable him to defend them; and
(c) it is of the opinion that enforcing the order in Hong Kong would not be contrary to the interests of justice.
(2)  In subsection (1), appeal (上訴) includes—
(a) any proceedings by way of discharging or setting aside a judgment; and
(b) an application for a new trial or a stay of execution.

(3) For the purposes of this section, an external confiscation order is subject to appeal so long as an appeal, further appeal or review is pending against the order; and for this purpose an appeal, further appeal or review shall be treated as pending (where one is competent but has not been instituted) until the expiration of the time prescribed for instituting the appeal, further appeal or review under the law of the place outside Hong Kong concerned.
(4) The Court of First Instance shall cancel the registration of an external confiscation order if it appears to the Court of First Instance that the order has been satisfied by— (Amended 25 of 1998 s. 2)
(a) payment of the amount due under it or by the person against whom it was made serving imprisonment in default of such payment;
(b) recovery of property specified in it (or the value of such property) or by the person against whom it was made serving imprisonment in default of such recovery; or
(c) any other means.
(5) Where an amount of money, if any, payable or remaining to be paid under an external confiscation order registered in the Court of First Instance under this section is expressed in a currency other than that of Hong Kong, for the purpose of any action taken in relation to that order under Schedule 2 the amount shall be converted into the currency of Hong Kong on the basis of the exchange rate prevailing on the date of registration of the order. (Amended 25 of 1998 s. 2)
(6) For the purposes of subsection (5), a certificate purporting to be signed by or on behalf of the Monetary Authority and stating the exchange rate prevailing on a specified date shall be admissible in any proceedings as evidence of the facts so stated.

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

29. Proof of orders and judgments of court in place outside Hong Kong
(1) For the purposes of sections 27 and 28 and Schedule 2—
(a) any order made or judgment given by a court in a place outside Hong Kong purporting to bear the seal of that court or to be signed by any person in his capacity as a judge, magistrate or officer of the court, shall be deemed without further proof to have been duly sealed or, as the case may be, to have been signed by that person; and
(b) a document, duly certified, which purports to be a copy of any order made or judgment given by a court in a place outside Hong Kong shall be deemed without further proof to be a true copy.
(2) A document purporting to be a copy of any order made or judgment given by a court in a place outside Hong Kong is duly certified for the purpose of subsection (1)(b) if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in question or by or on behalf of the appropriate authority of the place outside Hong Kong concerned.