HK, Germany sign anti-crime pacts
(Xinhua)
Updated: 2006-05-28 14:01 The Hong Kong Special
Administrative Region and Germany have signed two agreements on the surrender of
fugitive offenders and mutual legal assistance in criminal matters.
Secretary for Security Ambrose Lee and Germany's Acting Consul-General Helmut
Rausch signed the documents on Friday, according to a government press release.
The extradition agreement has safeguards that include the double criminality
rule - the conduct in respect of which a person's return is required must
constitute an offense punishable by imprisonment for at least one year according
to the law of both parties;
-- the death penalty: surrender may be refused if the offense for which
surrender of a fugitive is requested is punishable with the death penalty;
-- the political offenses rule: surrender shall be refused if the offense in
question is an offense of a political character;
-- the prima facie rule: a requirement that the evidence againstthe person
sought by the requesting party should be sufficient to justify their committal
for trial according to the law of the requested party;
-- the specialty rule: a person returned must not be tried for offenses other
than those for which they were surrendered and protection against re-surrender
to a third jurisdiction.
The mutual legal assistance in criminal matters agreement contains all the
essential features and safeguards for international agreements of this type.
The major kinds of assistance covered by the agreement are taking evidence
and obtaining statements of persons, providing information, documents and
records, locating persons and objects, search and seizure and tracing,
restraining and forfeiting and confiscating the proceeds and instrumentalities
of crime.
The assistance also covers delivering property, making persons available to
give evidence or assist investigations, serving documents and other assistance
consistent with the objectives of the agreement and not inconsistent with the
law.
The Fugitive Offenders Ordinance and the Mutual Legal Assistance in
Criminal Matters Ordinance provide the necessary legislative framework for
the implementation of the two agreements. Each will come into force 30 days
after both sides have notified each other that their respective requirements for
the entry into force of the agreement have been complied with.
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