TNAG-1921-FCO40-2726-Mutual-legal-assistance-between-the-UK-and-Hong-Kong-1989 — Page 35

participate in formal mutual legal assistance arrangements has earned us a poor reputation for co-operation, even in the event of entirely reasonable and proper requests. It has also caused serious problems for our own prosecution authorities as other states may refuse to render assistance because of lack of reciprocity. The working group concluded that there would be considerable benefit to the United Kingdom in subscribing to broader mutual assistance arrangements of the kind contained in the Commonwealth Scheme and the European Convention..

Matters covered by the European Convention and the Commonwealth Scheme

10. These instruments (set out in Annexes A and B) provide for:

(1) the provision of written testimony and documenter ende

in response to letters of requests;

(ii)

(iii)

the search for and seizure of material for use as evidence;

the service of summonses and other judicial documents;

(iv) arrangements for the personal appearance in court in the

requesting state of witnesses living in the requested state;

(v) the personal appearance abroad of persons in custody in the

requested state;

(vi) the provision of judicial records; and

(vii)

(viii)

the tracing of witnesses and suspects.

for the Commonwealth Scheme only, the tracing, freezing and confiscation of the proceeds of major crime.

Legislative provisions

11. In broad terms, legislation to enable implementation of the Convention and Scheme and bilateral arrangements would require the following statutory provisions:

(i) It would be necessary to legislate to extend and clarify

our existing powers to obtain evidence from witnesses for use in proceedings abroad. This would include extending the present power under section 5 of the Extradition Act 1873 to cover the obtaining of evidence from witnesses in both instituted and contemplated criminal proceedings. The application of this section to Scotland would also need to be clarified (see paragraph 3 of Annex C).

(ii) It would be necessary to change the law to make available

powers of search and seizure for the obtaining of

盒

documentary evidence and other material for use in proceedings abroad similar to those which are currently exercisable only in respect of United Kingdom proceedings.

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