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

6. Assistance may be provided subject to conditions
Assistance under this Ordinance may be provided to a place outside Hong Kong subject to such conditions as the Secretary for Justice determines but, if that place is a prescribed place, no such conditions shall be inconsistent with any provision of the prescribed arrangements between Hong Kong and that place.
(Amended L.N. 362 of 1997)

7. Requests for assistance by Hong Kong
A request by Hong Kong to a place outside Hong Kong for assistance in a criminal matter may be made by the Secretary for Justice.
(Amended L.N. 362 of 1997)

8. Requests for assistance to Hong Kong
(1) A request by a place outside Hong Kong to Hong Kong for assistance in a criminal matter may be made to the Secretary for Justice. (Amended L.N. 362 of 1997)
(2) A request under subsection (1) shall be accompanied by—
(a) the name of the authority concerned with the criminal matter to which the request relates;
(b) a description of the nature of the criminal matter (in particular, details of the external offence to which the criminal matter relates) and a statement setting out a summary of the relevant facts and laws;
(c) a description of the purpose of the request and of the nature of the assistance being sought;
(d) details of the procedure that the place outside Hong Kong concerned wishes to be followed by Hong Kong in giving effect to the request, including details of the manner and form in which any information, document or thing is to be supplied to the place pursuant to the request;
(e) a statement setting out the wishes of the place concerning the confidentiality of the request and the reason for those wishes;
(f) details of the period within which the place wishes the request be complied with;
(g) if the request involves a person travelling from Hong Kong to the place, details of allowances to which the person will be entitled, and of the arrangements for accommodation for the person, while the person is in the place pursuant to the request; 
(h) a statement setting out the maximum penalty for the external offence to which the criminal matter relates; and
(i) any other information that may assist in giving effect to the request.

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

9. Requests by Hong Kong for taking of evidence, etc.
(1) The Secretary for Justice may request an appropriate authority of a place outside Hong Kong to arrange for—
(a) evidence to be taken in the place and the transmission of the evidence to Hong Kong; (Amended 23 of 2003 s. 19)
(aa) evidence to be taken by way of a live television link from a person at the place; or (Added 23 of 2003 s. 19)
(b) a thing (including a thing belonging to a class of things) in the place to be produced and the transmission of the thing to Hong Kong,
for the purposes of a criminal matter in Hong Kong.
(2) The provisions of sections 77F and 77G of the Evidence Ordinance (Cap. 8) shall, with all necessary modifications, apply to and in relation to any deposition, together with any thing exhibited or annexed thereto, which is received by the Secretary for Justice pursuant to a request under subsection (1) as if—
(a) that request were a letter of request issued by the Registrar of the High Court under section 77E of that Ordinance; (Amended 25 of 1998 s. 2)
(b) that deposition, together with any thing exhibited or annexed thereto, were received by that Registrar pursuant to such letter; and
(c) any references in those provisions to criminal proceedings were references to—
(i) where the criminal matter concerned is an investigation to which paragraph (a) of the definition of investigation

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

11. Requests by Hong Kong for search and seizure
(1) This section applies to a criminal matter involving a Hong Kong serious offence if there are reasonable grounds to believe that a thing (including a thing belonging to a class of things) relevant to the criminal matter may be located in a place outside Hong Kong.
(2) Where this section applies to a criminal matter, the Secretary for Justice may request an appropriate authority of the place outside Hong Kong concerned to, in accordance with the law of that place, search for a thing relevant to the criminal matter, and, if such a thing, or any other thing that is or may be relevant to the criminal matter is found pursuant to such a search, the seizure of that thing and its onward transmission to Hong Kong. (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》

13. Interpretation
(1) In this Part—
court (法院) means the Court of First Instance and the District Court; (Amended 25 of 1998 s. 2)

items subject to legal privilege (享有法律特權的品目) means—
(a) communications between a professional legal adviser and his client or any person representing his client made in connection with the giving of legal advice to the client;
(b) communications between a professional legal adviser and his client or any person representing his client or between such an adviser or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and
(c) items enclosed with or referred to in such communications and made—
(i) in connection with the giving of legal advice; or
(ii) in connection with or in contemplation of legal proceedings and for the purposes of such proceedings,
when they are in the possession of a person who is entitled to possession of them, but excluding, in any case, any communications or item held with the intention of furthering a criminal purpose.

(2) For the avoidance of doubt, it is hereby declared that the provisions of this Part shall not operate to prejudice the operation of the provisions of Part III and, accordingly—
(a) the Secretary for Justice may make a request under section 11 in respect of material whether or not that material is the subject of a request under section 14; (Amended L.N. 362 of 1997)
(b) a place outside Hong Kong may make a request under section 12 in respect of material whether or not that material is the subject of a request under section 15.

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

14. Requests by Hong Kong for production, etc. of material
(1) This section applies to a criminal matter involving a Hong Kong serious offence if there are reasonable grounds to believe that particular material or material of a particular description relevant to the criminal matter may be—
(a) located in a place outside Hong Kong; or
(b) likely to become located in a place outside Hong Kong.
(2) Where this section applies to a criminal matter, the Secretary for Justice may request an appropriate authority of the place outside Hong Kong concerned to obtain an order or other instrument— (Amended L.N. 362 of 1997)
(a) where subsection (1)(a) is applicable, requiring the person who appears to be in possession or control of the material to which the request relates;
(b) where subsection (1)(b) is applicable, requiring the person who appears likely to come into possession or control of the material to which the request relates, when the person comes into possession or control of any such material,
to—
(i) produce the material for the purposes of—
(A) its onward transmission to Hong Kong; or
(B) enabling photographs or copies of the material to be taken or made and the onward transmission to Hong Kong of those photographs or copies; or
(ii) give access to the material for the purposes of enabling photographs or copies of the material to be taken or made and the onward transmission to Hong Kong of those photographs or copies.