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International Developments
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9.
The need for greater international assistance to
combat serious crime has resulted in a much greater recognition in recent years of the importance of mutual legal assistance arrangements. For example, the UN Convention
against Illicit traffic in Narcotic Drugs and Psychotropic Substances adopted by the UN in December 1988 obliges its signatories to afford one another the widest measure possible of mutual legal assistance in regard to drug related crimes.
Many countries are now parties to MLA arrangements or are negotiating them. Unless Hong Kong follows suit its ability to investigate and prosecute crimes with an international
element will be hampered.
Type of arrangements
10.
International agreements are not the only basis for
providing legal assistance to, or receiving it from, other jurisdictions. Hong Kong law could provide for assistance to
be given to any requesting country, or to any country specified in legislation. However, unilateral legislative arrangements do not guarantee reciprocity; Hong Kong could find itself requiring assistance from countries which enjoyed
the benefits of Hong Kong's legislative arrangements but whose
own legal or administrative arrangements did not reciprocate.
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