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Mutual Assistance in Criminal Matters (Hong Kong) Regulations 1999

  Statutory Rules 1999    No. 33

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the Mutual Assistance in Criminal Matters Act 1987.
Dated 23 February 1999.

  WILLIAM DEANE
  Governor-General
  By His Excellency's Command,

  amanda vanstone
  Minister for Justice and Customs

Mutual Assistance in Criminal Matters (Hong Kong) Regulations 1999

Statutory Rules 1999    No. 331

made under the

Mutual Assistance in Criminal Matters Act 1987

Contents

 Page

 1 Name of regulations 2
 2 Commencement 2
 3 Definitions 2
 4 Application of Act 2

Schedule 1 Mutual Legal Assistance Agreement 3

1 Name of regulations

  These regulations are the Mutual Assistance in Criminal Matters (Hong Kong) Regulations 1999.

2 Commencement

  These regulations commence on 6 November 1999.

3 Definitions

 (1) In these regulations:
Hong Kong means the Hong Kong Special Administrative Region of the People's Republic of China.
Mutual Legal Assistance Agreement means the Agreement between the Government of Australia and the Government of Hong Kong concerning Mutual Legal Assistance in Criminal Matters, a copy of which is set out in Schedule 1.

 (2) In Article II of the Mutual Legal Assistance Agreement, the reference to the Attorney General of Hong Kong is taken to be a reference to the Secretary for Justice of Hong Kong.

4 Application of Act

  The Mutual Assistance in Criminal Matters Act 1987 applies to Hong Kong subject to the Mutual Legal Assistance Agreement.

Schedule 1 Mutual Legal Assistance Agreement
               (regulation 3)

AGREEMENT BETWEEN
THE GOVERNMENT OF AUSTRALIA
AND
THE GOVERNMENT OF HONG KONG
CONCERNING MUTUAL LEGAL ASSISTANCE
IN CRIMINAL MATTERS

The Government of Australia and the Government of Hong Kong, having been duly authorised by the sovereign government responsible for the foreign affairs relating to Hong Kong,

Desiring to improve the effectiveness of law enforcement of both Parties in the investigation, prosecution and prevention of crime and the confiscation of criminal proceeds,

Have agreed as follows:

Article I
Scope of assistance

(1) The Parties shall provide, in accordance with the provisions of this Agreement, mutual assistance in the investigation and prosecution of criminal offences and in proceedings related to criminal matters.

(2) Assistance shall include:

       (a) identifying and locating persons;

       (b) serving of documents;

       (c) the obtaining of evidence, articles or documents, including the execution of letters rogatory;

       (d) executing requests for search and seizure;

       (e) facilitating the personal appearance of witnesses;

       (f) effecting the temporary transfer of persons in custody to appear as witnesses;

       (g) obtaining production of judicial or official records;

       (h) tracing, restraining, forfeiting and confiscating property used in or derived from criminal activities and the proceeds of criminal