Secretary for Security Tang Ping-keung and Prosecutor General of the Republic of Kazakhstan Berik Assylov signed bilateral agreements on the surrender of fugitive offenders (SFO), mutual legal assistance in criminal matters (MLA) and the transfer of sentenced persons (TSP) today on behalf of the Hong Kong Special Administrative Region and Kazakhstan.
“Both Hong Kong and Kazakhstan are committed players in the international efforts to fight crimes. The signing of the agreements on SFO, MLA and TSP today represents an important step forward in legal co-operation between Hong Kong and Kazakhstan,” Mr Tang said at the signing ceremony.
Under the Basic Law, the Hong Kong SAR Government may, with the authorisation of the Central People’s Government, make appropriate arrangements with foreign states for reciprocal juridical assistance.
The SFO agreement sets out the conditions for the surrender of fugitive offenders between the Hong Kong SAR and Kazakhstan and contains the usual safeguards found in similar international agreements, including that the conduct must constitute an offence according to the laws of both parties, and surrender may be refused if the offence is punishable with the death penalty.
The MLA agreement between the Hong Kong SAR and Kazakhstan contains the essential features and safeguards of international agreements of this type. Assistance covered by the agreement includes identifying and locating persons, serving documents, taking evidence, executing requests for search and seizure, providing information and confiscating proceeds of crime.
The TSP agreement embodies the shared conviction of Hong Kong and Kazakhstan that allowing sentenced persons to return to their places of origin, where there are no language or cultural barriers and where friends and relatives can pay more regular visits, is conducive to their rehabilitation. Hong Kong’s policy is therefore to facilitate such transfers between Hong Kong and other jurisdictions as far as possible.
