MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS (PHILIPPINES) ORDER
L.N. 41 of 2004
MODIFICATIONS TO THE ORDINANCE
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).