Macau-Mongolia legal assistance agreement already in force

A legal agreement for mutual legal assistance in criminal matters between the Macau SAR and Mongolia has been officially in force since October 1 of this year.

According to a Chief Executive dispatch published in the Official Gazette, the agreement was officially signed on July 24, 2019 however the conditions and internal formalities needed for its promulgation were only now met.

Assistance under the agreement covers identifying and locating persons; effecting service of documents; obtaining evidence, articles and documents; executing searches and seizures; and effecting the temporary transfer of persons in custody; tracing, restraining and confiscating instrumentalities and proceeds of crime; providing judicial or official records; delivering property and any other forms of assistance not prohibited by the law of the requesting party.

The central authority in the Macau SAR given the power o effect legal requests will be the Public Prosecutions Office, with the Mongolian entity being the Ministry of Justice and Home Affairs.

The agreement does not cover the surrender of fugitive offenders, the transfer of persons in custody to serve sentences or the transfer of proceedings in criminal matters since the matters are already covered by an extradition agreement of sentenced persons between Macau and Mongolia enforced in 2018.

According to the 2021 policy address guidelines, Macau authorities are currently in negotiations with Brazil, Angola, East Timor and Cape Verde, for agreements on the surrender of fugitive or convicted offenders and mutual cooperation in legal matters, while attempting to start negotiations with Spain for an agreement on the surrender of convicted offenders.

Two mutual assistance agreements concerning legal cooperation and the extradition of fugitive offenders between the SAR and South Korea have also been enforced in March, 2021.

In May 2019, Macau and Portugal signed an agreement for the transfer of fugitive offenders from the two jurisdictions; however, as reported by MNA, its official approval by Portuguese authorities has been delayed.

The Macau SAR currently only has agreements for the transfer of convicts with Portugal, Hong Kong, Mongolia and Nigeria.