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CONFIDENTIAL ## 機密
5.
it in legal proceedings in Hong Kong, the provision of
that evidence by foreign jurisdictions is not assured but
is dependent upon their own legislation and the
willingness of their authorities to assist.
8.
In the absence of international obligations to
provide assistance, it has been found that, even when
statutory powers exist in foreign jurisdictions, there is
usually great difficulty in obtaining assistance where the
exercise of these powers is required. More certain access
to the assistance that could be provided, through the
exercise of statutory powers, would undoubtedly benefit
the administration of justice in Hong Kong.
TYPE OF ARRANGEMENTS
9.
Many countries are now parties to Mutual Legal
Assistance arrangements or are negotiating them. Unless
Hong Kong follows suit its ability to investigate and
prosecute crimes with an
international element will
continue to be hampered.
There exist a number of
different types of arrangement under which such assistance
may be provided. In Australia, for example, the 1986
Mutual Assistance
in Criminal
Matters Bill permits
assistance to be provided in the absence of a formal
agreement. Hong Kong law could provide for assistance to
be given to any requesting country, or to any country
specified in legislation. However, unilateral legislative
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