CONFIDENTIAL #2
機密
24
4.
of Proceeds)
Ordinance
1989 (35 of 1989).
Provisions
permitting the enforcement of
confiscation
orders Of
designated countries in respect of profits from drug
trafficking came into force on 1 September 1989; to date
no country has been designated under the Ordinance. Under
Section 77(B) of the Evidence Ordinance, enacted in 1984,
an application can be made to the High Court to obtain
evidence in Hong Kong provided that criminal proceedings have already been instituted in the requesting country, or are likely to be instituted if the evidence sought in Hong
Kong is made available. The evidence obtainable by this
means is restricted to the oral or written examination of
witnesses and the production of public documents and is
available to foreign agencies only
only on a court-to-court
basis.
Hong Kong cannot, for example, make available to
foreign investigatory agencies documents, or the
information in them, lawfully seized under
search
warrant, In any case a search warrant can only be
obtained and executed
reasonable cause to
committed in Hong Kong.
by the RHKPF when there is
suspect that a crime has been
ASSISTANCE TO HONG KONG
7.
Hong Kong benefits from assistance from foreign
jurisdictions but on an ad hoc basis, and with varying
degrees of co-operation.
Although the Evidence Ordinance
and admit
enablCONFIDENTIAL ##
ÞØ 398d
62:2 22-II 68.
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