Mutual Legal Assistance in Criminal Matters (Indonesia) Order
E.R. 2 of 2012
Modifications to the Ordinance
1. Section 5(1)(e) of the Ordinance shall be modified to read as follows¡X
¡§(e) the request relates to the prosecution of a person for an external offence in a case where the person¡X*
(i)* has been convicted, acquitted or pardoned by a competent court or other authority in the place,** or Hong Kong in respect of that offence or of another external offence constituted by the same act or omission as that offence;* 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¡X
¡§(b) the person, being free to leave Hong Kong, has not left Hong Kong within a period of 15 days after being notified that the person¡¦s presence is no longer required for any of the following purposes* has had an opportunity of leaving Hong Kong and has remained in Hong Kong otherwise than for**¡X
(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).