S.I. No. 60/2011 - Criminal Justice (Mutual Assistance) Act 2008 (Section 4) Order 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th February, 2011.

I, BRIAN COWEN, Taoiseach and Minister for Foreign Affairs, in exercise of the powers conferred on me as Minister for Foreign Affairs by section 4 of the Criminal Justice (Mutual Assistance) Act 2008 (No. 7 of 2008) (as adapted by the Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 216 of 2010 )), after consultation with the Minister for Justice and Law Reform, hereby order as follows:

1. This Order may be cited as the Criminal Justice (Mutual Assistance) Act 2008 (Section 4) Order 2011.

2. This Order shall come into operation on the 4th of February 2011.

3. In this Order—

“Act of 2008” means the Criminal Justice (Mutual Assistance) Act 2008 (No. 7 of 2008);

“Ireland-Hong Kong Agreement” means the Agreement between the Government of the Hong Kong Special Administrative Region of the People’s Republic of China and the Government of Ireland concerning Mutual Legal Assistance in Criminal Matters signed on 19 September 2001.

4. The Hong Kong Special Administrative Region of the Peoples Republic of China is designated for the purposes of mutual assistance between the State and it under Parts 4 and 5, and Chapter 1 of Part 6, of the Act of 2008 in accordance with the Ireland-Hong Kong Agreement.

GIVEN under my Official Seal,

4 February 2011.

BRIAN COWEN,

Taoiseach and Minister for Foreign Affairs.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order designates the Hong Kong Special Administrative Region of the Peoples Republic of China for the purpose of mutual legal assistance under the Criminal Justice (Mutual Assistance) Act 2008 . The 2008 Act permits provision of mutual assistance to territories as well as States. Assistance will be provided under the provisions of the 2008 Act listed in the Order.

The designation of Hong Kong for this purpose arises from the Agreement between the Government of the Hong Kong Special Administrative Region of the Peoples Republic of China and the Government of Ireland concerning mutual legal assistance in criminal matters signed on 19 September 2001 (“the Ireland-Hong Kong Agreement”).

The forms of assistance available to Hong Kong, as set out in the Order, are determined by the forms of assistance available under the Ireland-Hong Kong Agreement.