The Good Must Associate: Enhancing International Cooperation Culture Clash Breaking Down the Barriers

Language and Locality English, Chinese or any other  English, Chinese or any other  Procedural familiarity  Case familiarity  Foreign law and procedure  Foreign investigation  Foreign remedies 2

Law Common versus Civil Law Systems  Common versus Civil Law Systems  Police / Prosecutorial Function  Administrative cf. Judicial Powers  Modes of investigation  Admissibility and forms of evidence 3

Perceptions  A process of obtaining awareness and understanding of the environment  False perceptions  The “you don’t know unless you try” principle  Changing perceptions by casework  Reaching agreement 4

Thresholds  High legal thresholds  High evidentiary thresholds  High formal thresholds  Maintaining common thresholds e.g. the need for dual criminality?  The delay threshold 5

Resources  Capacities and capabilities  Training  Political will  Active cf. passive  Developing trust  Acceptance and denial of responsibility  Internal struggles 6

LegalFramework Legal Framework  Treaties and Agreements  Domestic law  Implementation  Dealing with challenges  Keeping up to date 7

Central Authorities  No diplomatic channels  No post box  Lawyers “with cultural awareness”  Lawyers “adding value”  Lawyers “taking charge” 8

Consultation  On a fixed basis bilaterally  On a case by case basis  Transparency  Sincerity  Resolving obstacles “by looking at both sides and finding common ground”  Moving on 9

Comity  Due recognition of foreign law and procedures  Due recognition of foreign orders  Assumption of good faith and fairness of foreign laws and procedures  Judicial “openness”  Striking the right balance 10

TheCorruptionVirus The Corruption Virus  Staying healthy in an unhealthy environment  A new organ in a diseased body  Systemic corruption infects all  Systemic corruption blocks successful international legal cooperation  A vicious cycle of war by powerful elites 11

Thank You Wayne Walsh Deputy Law Officer (Mutual Legal Assistance) International Law Division Department of Justice Hong Kong SAR