香港法例/HK2108 大規模毀滅武器(提供服務的管制)條例

(a) any order made or judgment given by a court in a place outside Hong Kong purporting to bear the seal of that court or to be signed by any person in his capacity as a judge, magistrate or officer of the court, shall be deemed without further proof to have been duly sealed or, as the case may be, to have been signed by that person; and

(b) a document, duly certified, which purports to be a copy of any order made or judgment given by a court in a place outside Hong Kong shall be deemed without further proof to be a true copy.

(2) A document purporting to be a copy of any order made or judgment given by a court in a place outside Hong Kong is duly certified for the purpose of subsection (1)(b) if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in question or by or on behalf of the appropriate authority of the place outside Hong Kong concerned.

(1) For the purposes of sections 27 and 28 and Schedule 2, a certificate purporting to be issued by or on behalf of the appropriate authority of a place outside Hong Kong stating-

(a) that a proceeding has been instituted and has not been concluded, or that a proceeding is to be instituted, in the place;

(c) that all or a certain amount of the sum payable under an external confiscation order remains unpaid in the place, or that other property recoverable under an external confiscation order remains unrecovered in the place;

(d) that any person has been notified of any proceeding in accordance with the law of the place; or

(e) that an order (however described) made by a court in the place has the purpose of-

(A) payments or other rewards received in connection with an external serious offence or their value;

(B) property derived or realised, directly or indirectly, from payments or other rewards received in connection with an external serious offence or the value of such property; or

(C) property used or intended to be used in connection with an external serious offence or the value of such property; or

shall, in any proceeding in the Court of First Instance, be admissible as evidence of the facts so stated. (Amended 25 of 1998 s. 2)

(2) In any such proceeding a statement contained in a document, duly certified, which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarise evidence given in proceedings in a court in a place outside Hong Kong, shall be admissible as evidence of any fact stated therein.

(3) A document is duly certified for the purposes of subsection (2) if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in the place outside Hong Kong concerned, or by or on behalf of an appropriate authority of the place, to have been received in evidence or to be a copy of a document so received or, as the case may be, to be the original document containing or summarising the evidence or a true copy of that document.

(4) Nothing in this section shall prejudice the admission of any evidence, whether contained in any document or otherwise, which is admissible apart from this section.

(1) Where a place outside Hong Kong requests the Attorney General to arrange for the service in Hong Kong of a process relating to a criminal matter in that place, then the Attorney General may arrange for the service of the process.

(2) Without limiting the manner in which the service of a document in a place outside Hong Kong may be proved in Hong Kong, service of such a document may be proved by affidavit of the person who served the document.

(3) Any failure to comply with any process referred to in this section is not an offence under the law of Hong Kong.

(2) A document is duly certified for the purposes of subsection (1) if it purports to be authenticated by the oath of a witness or an officer of the government of the place outside Hong Kong concerned or to be sealed with an official or public seal of the place or of a minister of state, or of a department or officer of the government, of the place.

(3) Nothing in this section prevents the proof of any matter, or the admission in evidence of any document, in accordance with any other provision of this Ordinance or law of Hong Kong.

The Governor in Council may make regulations-

(b) generally for the better and more effectual carrying out of the provisions of this Ordinance, including incidental, consequential, evidential and supplemental provisions,

(i) prescribing the practice and procedure in relation to the performance by magistrates of functions under this Ordinance, including the summoning of witnesses, the production of documents, the taking of evidence on oath, the administering of oaths, the payment of expenses and allowances of witnesses and the protection and immunity of magistrates, of barristers and solicitors appearing before magistrates and of witnesses; and

(ii) prescribing penalties not exceeding a fine at level 3 or imprisonment for 6 months for offences against the regulations.