Cap 525K Sched 2 MODIFICATIONS TO THE ORDINANCE (MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS (PHILIPPINES) ORDER; MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ORDINANCE)

Contents of Section

Chapter:	525K	Title:	MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS (PHILIPPINES) ORDER	Gazette Number:	L.N. 41 of 2004
Schedule:	2	Heading:	MODIFICATIONS TO THE ORDINANCE	Version Date:	24/03/2004

[section 2]

1. Section 5(1)(e) of the Ordinance shall be modified to read as follows-

"(e) the request relates to the prosecution of a person for an external offence in a case where the person

(i)

* has been convicted, acquitted or pardoned by a competent court or other authority in the place

or Hong Kong;

* or

(ii)

* has undergone the punishment provided by the law of that place

or Hong Kong

in respect of that offence or of another external offence constituted by the same act or omission as that offence;".

2. Section 17(3)(b) of the Ordinance shall be modified to read as follows-

"(b) the person has had an opportunity of leaving Hong Kong

, 15 days have expired since

that opportunity

* and

the person

* has remained in Hong Kong otherwise than for-

(i) the purpose to which the request relates; or

(ii) the purpose of giving assistance in relation to a criminal matter in Hong Kong certified in writing by the Secretary for Justice to be a criminal matter in relation to which it is desirable that the person give assistance.".

* The words underlined are added. (The underlining is for ease of identifying the modification).
** The words crossed out are deleted. (The crossing out is for ease of identifying the modification).