TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 29

ARTICLE 7

(1) The nationals and companies of one Contracting Party shall enjoy in any territory of the other constant and complete protection and security for their persons and property.

(2) Nationals of one Contracting Party taken into the custody of the authorities in any territory of the other, whether in connection with criminal proceedings or otherwise, shall be informed without undue delay of the grounds on which they are so taken. While they are detained in such custody they shall receive reasonable and humane treatment and their property shall not be disposed of except by due process of law.

(3) Nationals and companies of one Contracting Party accused in any territory of the other of crime shall enjoy, on the same conditions and to the same extent as nationals and companies of the latter Contracting Party or of any other foreign country, all rights and privileges in connection with their trials permissible under the law of that territory. They shall be entitled to a public trial without undue delay. This paragraph shall not, however, prohibit the exclusion of the public from all or any part of any trial in the interests of national security or of public safety, order or morals or for the protection of children and young persons.

(4) The nationals and companies of one Contracting Party shall have access to the courts of justice, tribunals and administrative authorities in any territory of the other for the declaration, prosecution or defence of their rights, on terms not less favourable than those enjoyed by the nationals and companies of the latter Contracting Party or of any other foreign country. In any event proceedings to which nationals or companies of one Contracting Party are parties in any territory of the other shall be heard and determined without undue delay.

(5) The nationals and companies of one Contracting Party shall in any proceedings in any territory of the other be at liberty to employ the services of legal advisers and representatives of their choice from among those competent to act in such proceedings. Without prejudice to the foregoing such nationals and companies shall enjoy treatment not less favourable than that accorded to the nationals and companies of the other Contracting Party or of any other foreign country.

(6) Nationals of one Contracting Party shall in all proceedings, other than criminal proceedings, before the courts of justice or tribunals in any territory of the other be at liberty to employ interpreters, who are acceptable to the courts of justice or tribunals, to translate the proceedings of the said courts or tribunals into a language which such nationals can understand. and to translate into the language in which the proceedings are conducted statements, evidence or arguments put orally by them or on their behalf in any other language.

(7) Nationals of one Contracting Party against whom criminal proceedings are taken before the courts of justice in any territory of the other shall be entitled, if their acquaintance with the language in which the proceedings are conducted is insufficient for them to understand the proceedings and subject to the payment of any appropriate costs, to have

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