TNAG-2577-FCO40-3764-Cooperation-between-Hong-Kong-and-China-regarding-criminal-m-1992 — Page 11

ANNEX A

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ropean Convention on Mutual Assistance in Criminal Matters 1959 and its dditional Protocol

The European Convention is binding on its Parties, and makes a number of specific provisions relating to the scope and conduct of mutual legal assistance in criminal matters. The United Kingdom is a Party to the Convention, having ratified both the Convention and its Additional Protocol on the basis of the following reservations and declarations:

Reservations

1. Article 2

"In respect of Article 2, the Government of the United Kingdom of Great Britain and Northern Ireland reserves the right to refuse assistance if the person who is the subject of a request for assistance has been convicted or acquitted in the United Kingdom or in a third State of an offence which arises from the same conduct as that giving rise to proceedings in the requesting State in respect of that person.”

2.

Article 3

"In respect of Article 3, the Government of the United Kingdom of Great Britain and Northern Ireland reserves the right not to take the evidence of witnesses or require the production of records or other documents where its law recognises in relation thereto privilege, non-compellability or other exemption from giving evidence.”

3. Article 5(1)

“In accordance with Article 5 paragraph 1, the Government of the United Kingdom of Great Britain and Northern Ireland reserves the right to make the execution of letters rogatory for search or seizure of property dependent on the following conditions:

(a) that the offence motivating the letters rogatory is punishable under both the law of the requesting Party and the law of the United Kingdom; and

(b) that execution of the letters rogatory is consistent with the law of the

United Kingdom."

4. Article 11(2)

"The Government of the United Kingdom of Great Britain and Northern Ireland is unable to grant requests made under Article 11 paragraph 2 for a person in custody to transit through its territory.”

5. Article 12

"The Government of the United Kingdom of Great Britain and Northern Ireland will only consider the granting of immunity under Article 12 where this is specifically requested by the person to whom the immunity would apply or by the appropriate authorities of the party from whom assistance is requested. A request for immunity will not be granted where the judicial authorities of the United Kingdom consider that granting it would not be in the public interest."

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