XN000022-1997-04-16 — Page 14

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The scope of assistance covered by the Bill includes:

*

taking of evidence;

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searching for and seizing items which are relevant to criminal matters;

producing documentary evidence relevant to criminal matters;

transferring persons (including prisoners) to other jurisdictions to provide assistance (for example, by giving evidence);

confiscating the proceeds of crime;

serving documents.

The Bill sets out a number of exceptions to providing assistance. They include the exclusion in relation to political offences and political prejudice, double jeopardy and double criminality.

"The double jeopardy exception will exclude a request which relates to the prosecution of a person for an offence in respect of which the person has been convicted, acquitted or pardoned in Hong Kong.

"The double criminality requirement will exclude cases where the criminal conduct in question would not have constituted an offence in Hong Kong if it had occurred there.

"These exceptions are found in the legislation and agreements of other countries and are designed to safeguard the rights of the persons involved in criminal proceedings," the spokesman said.

"It is important that the Bill should be enacted as soon as possible so as to demonstrate Hong Kong's determination to combat international crime by strengthening cooperation in matters of criminal justice and international law enforcement," he added.

month.

The Chinese side confirmed their agreement to the Bill at JLG XXXIX last

The Bill will be gazetted on Friday (April 18) and is expected to be introduced into the Legislative Council on April 23 this year.

End