I. Domestic legal framework
-
Mutual Legal Assistance in Criminal Matters Ordinance (Cap 525) (MLACMO) governs MLA and the recovery of proceeds of crime.
The legal process of extradition is known in Hong Kong, China as the surrender of fugitive offenders (SFO). It is governed by the Fugitive Offenders Ordinance (Cap 503) (FOO).
Drug Trafficking (Recovery of Proceeds) Ordinance (CAP 405) of 1989 (DTROPO)
- Organized and Serious Crimes Ordinance (CAP 455) of 1994 (OSCO)
II. Bilateral obligations
There are bilateral MLA agreements in force between Hong Kong, China and 18 jurisdictions (Australia, Belgium, Canada, Denmark, France, Israel, Korea, Malaysia, Netherlands, New Zealand, Poland, Portugal, Philippines, Singapore, Switzerland, United Kingdom, United States and Ukraine). [The MLA agreement with Malaysia will enter into force on 1 February 2008]
III. International obligations
- UNCAC: P.R. China has signed 10 December 2003 and ratified it on 13 January 2006. P.R. China has also declared that the UNCAC applies to Hong Kong, China. Legislative orders have been made to give effect to the extradition and mutual legal assistance provisions of the UNCAC.
- UN Convention Against the Illicit Traffic of Narcotic Drugs and Psychotropic Substances (Vienna, 20 December 1988, ILM 493 (1989))
- OECD Convention (Hong Kong, China accounts for almost half of the MLA treaties with Parties of the OECD Convention)
- United Nations Convention against Transnational Organized Crime (UNTOC) is also relevant in corruption cases. P.R. China has declared that the UNTOC applies to Hong Kong, China.
