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Nr. I Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Speciale Administratieve Regio Hongkong van de Volksrepubliek China inzake wederzijdse rechtshulp in strafzaken

Consulaat-Generaal van het Koninkrijk der Nederlanden

Hong Kong, 19 August 2002

The Consulate-General of the Kingdom of the Netherlands presents its compliments to the Department of Justice of the Hong Kong Special Administrative Region of the People's Republic of China and, at the occasion of the signing of the Agreement between the Government of the Kingdom of the Netherlands and the Government of the Hong Kong Special Administrative Region of the People's Republic of China concerning mutual legal assistance in criminal matters (hereinafter referred to as “the Agreement”), has the honour to put on record the common understanding regarding the interpretation of the following provisions of the Agreement.

1. Article 1, paragraph 2, contains a non-limitative list of the types of assistance covered by the Agreement. Notwithstanding the absence of a substantive provision, both Parties may request that voluntary statements be obtained from persons.

2. The “essential interests” ground of refusal mentioned in Article 4, subparagraphs b and c, will permit the refusal of assistance if the death penalty could be imposed for the offence in respect of which assistance is sought. The same ground of refusal can be invoked, where the execution of the request could prejudice the safety of a person and the requested Party does not receive sufficient guarantees for the protection of the interests of that person.

3. Notwithstanding further technological and legal developments, the reference in Article 5, paragraph 1, to “electronic means that are capable of leaving a written record” is intended to cover the use of facsimile transmissions and electronic mail. The use of electronic mail is intended for extremely urgent cases and will always be followed by a request in writing.

4. Where a request under Article 10 is executed in the presence of the authorities of the requesting Party or their legal representatives, they are considered to be competent to give advice on the law of the requesting Party. In such cases it will not be appropriate to consult the Central Authority of the requesting Party or to insist on a declaration by the authority as envisaged in Article 10, paragraph 5. This interpretation will apply mutatis mutandis to Article 14, paragraph 5.

5. The taking of testimony and providing of other assistance is intended for witnesses and experts, but not for defendants. Given the geographical distance between the Hong Kong SAR and the Kingdom of the Netherlands it is envisaged that Articles 12 and 13 will primarily be applied for the purpose of giving of testimony.

6. Certification by the Central Authority within the meaning of Article 19 can be achieved by sealing the material with an official seal.

The Consulate General of the Kingdom of the Netherlands avails itself of this opportunity to renew to the Department of Justice of the Hong Kong Special Administrative Region of the People's Republic of China the assurances of its highest consideration.

Department of Justice

International Law Division

Government of the Hong Kong Special Administrative Region

47/F, High Block, Queensway Government Offices

66 Queensway

HONG KONG

Regeling
Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Speciale Administratieve Regio Hongkong van de Volksrepubliek China inzake wederzijdse rechtshulp in strafzaken
Soort
Verdrag
Geldend vanaf
18-03-2013
BWB-id
BWBV0006154
Versie
2013-03-18_0

In de hele regeling · Officiële tekst op wetten.overheid.nl