MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS (DENMARK) ORDER
L.N. 164 of 2005
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(1) of the Ordinance shall be modified by deleting paragraph (ii).
3. 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 his 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.".
4. Section 23(2)(a) of the Ordinance shall be modified¡X
(a) by adding "or" at the end of subparagraph (i);
(b) by deleting subparagraph (ii).
* 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).