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The Good Must Associate: Enhancing International Cooperation

The Good Must Associate: Enhancing International Cooperation. Culture Clash Breaking Down the Barriers. Language and Locality. English, Chinese or any other Procedural familiarity Case familiarity Foreign law and procedure Foreign investigation Foreign remedies. Law.

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The Good Must Associate: Enhancing International Cooperation

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

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

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

  4. 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

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

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

  7. LegalFramework • Treaties and Agreements • Domestic law • Implementation • Dealing with challenges • Keeping up to date

  8. Central Authorities • No diplomatic channels • Nopost box • Lawyers “with cultural awareness” • Lawyers “adding value” • Lawyers “taking charge”

  9. 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

  10. 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

  11. TheCorruptionVirus • 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

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

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