TNAG-1921-FCO40-2726-Mutual-legal-assistance-between-the-UK-and-Hong-Kong-1989 — Page 53

ОТ 35980

d)

機密

CONFIDENTIAL ##

3

B

Transfer of persons in custody to

appear as witnesses

At present persons in custody in Hong

Kong cannot be transferred to another

jurisdiction to give evidence. It is

intended that this head of assistance

will operate only if the prisoner

consents. If the prisoner consents and

is transferred to give evidence the

receiving country will be required to

give undertakings that the he will be -

(i)

----, --

immune from prosecution or

punishment for offences

committed prior to transfer;

-practice chaying: stater Journs

all

كاله

immunity in these hard (bout $?)

Gres.

-

- not tor

(ii)

immune from civil suit in

(iii)

respect of conduct prior to

transfer;

not liable to give evidence in

any proceedings other than the

proceedings to which the

request relates; and

CONFIDENTIAL #2

DZIET Z1-5 68,

XH 3SNOH 1009 000