TNAG-1921-FCO40-2726-Mutual-legal-assistance-between-the-UK-and-Hong-Kong-1989 — Page 43

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investigators have recommended that formal arrangements to

obtain assistance from overseas are made, there being a

significant increase in the number of Hong Kong crimes involving elements where assistance is required from abroad.

Certain foreign jurisdictions have requested that Hong Kong

enter into agreements with them to provide assistance.

sipenity? (us)

Assistance given by Hong Kong

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Hong Kong provides some assistance to foreign police

forces through Interpol on an ad hoc basis. This is normally

restricted to the provision of public documents and

information which may be given without statutory powers, e.g.

the whereabouts or movements of a suspect or witness.

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The only statutory powers that exist in Hong Kong for

the provision of assistance in criminal matters is found in

Part VIII of the Evidence Ordinance (Cap 8). Under Section

77 (B) 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

lable.

restricted to the oral or written examination of witnesses and

the production of documents and is only available to foreign

agencies on a court to court basis.

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