CONFIDENTIAL #2
5th Draft
22.11.89
Arrangements for Mutual Assistant
in
Criminal Matters
21
INTRODUCTION
1.
In recent years there has been an increasing need for Hong Kong and foreign countries to co-operate in the investigation, prosecution and prevention of criminal
offences, At present Hong Kong is seriously hampered in providing assistance, principally because of the limitations in this respect of Hong Kong law. In turn,
Hong Kong's failure to provide assistance has caused serious problems for Hong Kong's prosecuting authorities, since foreign countries are often reluctant to co-operate without the guarantee of reciprocity.
2.
The British side's proposal is for Hong Kong, under UK authority, to enter into bilateral agreements on mutual legal assistance in criminal matters with foreign countries. For this purpose they have prepared a model bilateral agreement (Annex A) which would form the basis for discussions with countries such as Australia and the United States, which have compatible juridical systems, and with which there is an identified requirement for such a bilateral agreement.
CONFIDENTIAL ##
TO 394d
22:2 22-II 68.
機密
ун 3SNOH 09 000