CONFIDENTIAL #
6.
arrangements do not guarantee reciprocity; Hong Kong could find itself requesting
requesting assistance from countries which
enjoyed the benefits of Hong Kong's legislative
arrangements but whose own legal or administrative
arrangements did not allow or require them to reciprocate.
10.
The alternative to unilateral legislation is
bilateral agreements implemented by legislation, In
addition to ensuring reciprocity, such agreements offer
substantive practical advantages. With the differing
legal systems of two countries to reconcile, it is
possible to achieve a considerable degree of precision as
to the procedure to be followed and the conditions on
which assistance will be given, while at
at the same time
incorporating all the principles and safeguards to which
each of the two sides attaches importance. It is
proposed, therefore, that
Hong Kong should follow this
course rather than that of unilateral legislation.
26
11.
In line with this course Hong Kong would seek to establish agreements with countries from which we expect most frequently to require legal assistance, or to receive
requests for it. Also, it is a principle of mutual legal
assistance that international agreements should include
those proper safeguards for persons who are affected by a
request for assistance. Such safeguards include the
double criminality rule, political offence exceptions, and
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