On signing the Agreement between the Republic of Kazakhstan and the Hong Kong Special Administrative Region of the People's Republic of China on Mutual Legal Assistance in Criminal Matters
Decree of the President of the Republic of Kazakhstan dated February 18, 2026 No. 1177.
In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE: 1. To approve the attached draft Agreement between the Republic of Kazakhstan and the Hong Kong Special Administrative Region of the People's Republic of China on Mutual Legal Assistance in Criminal Matters. 2. To authorize the Prosecutor General of the Republic of Kazakhstan, Berik Asylov Nogaiuly, to sign on behalf of the Republic of Kazakhstan an Agreement between the Republic of Kazakhstan and the Hong Kong Special Administrative Region of the People's Republic of China on Mutual Legal Assistance in Criminal Matters, authorizing amendments and additions that are not fundamental. 3. This Decree shall enter into force from the date of its signing.
President of the Republic of Kazakhstan
K. Tokaev
Approved by Decree of the President of the Republic of Kazakhstan on February 18, 2026 No. 1177
Project
Agreement between the Republic of Kazakhstan and the Hong Kong Special Administrative Region of the People's Republic of China on Mutual Legal Assistance in Criminal Matters
The Republic of Kazakhstan and the Hong Kong Special Administrative Region of the People's Republic of China (hereinafter - Hong Kong Special Administrative Region), duly authorized to conclude this Agreement by the Central People's Government of the People's Republic of China, hereinafter referred to as the "Parties", taking into account the existing friendly relations and cooperation between the Parties, desiring to strengthen cooperation in providing mutual legal assistance in criminal matters and increase the effectiveness of the Parties in investigations, prosecutions and other proceedings on criminal cases, as well as in the confiscation of proceeds from criminal activity, Acting in accordance with their legislation, as well as respecting the generally recognized principles of international law, have agreed as follows:
Article 1
Obligation to provide legal assistance
1. The Parties, in accordance with the provisions of this Agreement and their legislation, shall provide each other with mutual legal assistance in investigations, prosecutions and other criminal proceedings (hereinafter referred to as legal assistance). 2. This Agreement is intended solely to provide legal assistance by one Party to the other Party. The provisions of this Agreement do not give rise to the right of any natural or legal persons to obtain, conceal or destroy evidence or to obstruct the execution of a request for legal assistance. 3. This Agreement does not grant either Party the right to exercise powers in the territory of the other Party that are exclusively within the competence of the other Party. 4. This Agreement applies to requests for legal assistance received after the entry into force of this Agreement, even if the relevant actions or omissions took place before that date. 5. Legal assistance is also provided in connection with crimes in the field of taxation, customs or other matters related to State revenues.
Article 2
Scope of legal assistance
Legal assistance includes: (a) serving documents; (b) obtaining evidence and statements from persons; (c) locating and identifying persons and objects; (d) Summoning persons to appear before the Requesting Party to participate in legal assistance proceedings; (e) temporarily transferring detainees to participate in legal proceedings. actions in the framework of providing legal assistance to the Requesting Party; f) the implementation of measures with respect to property, including: execution of requests for search and seizure of property; search, seizure, seizure and confiscation of proceeds from criminal activity and instruments of crime; return of property and temporary transfer of physical evidence; g) provision of information, documents, objects and other evidence; h) granting, subject to compliance with the legislation of the Requested Party, permission for the presence of representatives of the competent authorities of the Requesting Party during the execution of the request; i) the provision of any other types of legal assistance in accordance with the objectives of this Agreement that do not contradict the legislation of the Requested Party.
Article 3
Central authorities
1. Within the framework of this Agreement, each of the Parties appoints central authorities in order to ensure proper cooperation between the Parties. 2. On the part of the Republic of Kazakhstan, the central authorities are: a) The Supreme Court - for requests for legal assistance related to judicial proceedings; b) the Prosecutor General's Office - for all other requests for legal assistance. 3. On the part of the Hong Kong Special Administrative Region, the central authority is the Secretariat of Justice. 4. The Parties shall immediately notify each other of any changes to their central authorities or their areas of competence. 5. For the purposes of this Agreement, the central authorities of the Parties shall keep in touch with each other and directly send all requests for legal assistance and receive responses to them. Communication before and after receiving a request for legal assistance can be carried out by telex, fax, e-mail or other type of communication with subsequent official confirmation. 6. The central authority executes the request for legal assistance directly or forwards it to the competent authority for execution. If the central authority submits a request to the competent authority for execution, it shall facilitate the prompt and proper execution of the request by that competent authority.
Article 4
Request form and content
1. A request for legal assistance shall be made in writing. 2. The requesting Party may transmit a request for legal assistance by telex, fax, e-mail or other type of communication, and the original of such request shall be provided as soon as possible. The requested Party shall inform the Requesting Party of the results of the execution of the request, provided that it receives the original. 3. The request for legal assistance shall contain: (a) the name of the competent authority requesting legal assistance; (b) the purpose of the request and a description of the requested legal assistance.; (c) A description of the act, as well as the nature and stage of the investigation, prosecution or other proceedings, the text of the relevant provisions of the laws according to which the act is criminalized, including information on the maximum penalty, as well as, if necessary and possible, the amount of damage caused as a result of such an act; (d) A summary relevant facts; e) justification of the application and description of any special procedures to be followed at the request of the Requesting Party in the execution of the request; (f) Data identifying persons who are being investigated, prosecuted or otherwise prosecuted; (g) The time required for the Requesting Party to execute the request; (h) Full names, surnames (patronymics), addresses, as well as, if possible, telephone numbers of persons to be duly notified, to whom documents are to be served or whose the testimony is necessary, as well as its connection with the investigation, prosecution or other proceedings; i) a description of the place where the inspection and search are to be carried out, as well as the items to be seized; j) questions to be asked to the person; k) full names, surnames (patronymics), official positions of representatives of the competent authorities of the Requesting Party in case of a request for the presence of these representatives during the execution of the request, as well as the justification for their presence; l) confidentiality requirements, if necessary; m) any other information necessary to facilitate the execution of the request. 4. If the Requested Party considers that the information contained in the request for legal assistance is insufficient for its execution, that Party may request additional information.
Article 5
Languages
Requests for legal assistance, documents attached to the request, additional information and responses related to requests sent on the basis of this Agreement shall be accompanied by a translation into the official language of the Requested Party or into English, unless otherwise agreed by the Parties.
Article 6
Refusal or postponement of legal assistance
1. A request for legal assistance is rejected if: a) the execution of the request may: with respect to the Republic of Kazakhstan, damage the sovereignty, security, public order or essential interests of the Republic of Kazakhstan; or with respect to the Hong Kong Special Administrative Region, damage the sovereignty of the People's Republic of China, security or public order of the People's Republic of China or any of its as well as the essential interests of the Hong Kong Special Administrative Region; (b) The request concerns the prosecution of a crime for which a person has been convicted, acquitted, pardoned, or served a sentence prescribed by law for the same offense in either Party; (c) The request concerns a crime under military law that is not a crime under ordinary criminal law; (d) There are good reasons to believe that the request was submitted with the aim of persecuting, punishing or otherwise harming the person on the basis of race, gender, religion, nationality, ethnic origin or political beliefs; (e) Actions or omissions constituting the offence to which the request relates are not punishable as criminal offences in accordance with in accordance with the legislation of the Requested Party; f) the request or its execution does not comply with the provisions of this Agreement or the legislation of the Parties. 2. The requested Party may, and if required by its legislation, refuse to provide assistance if the request for legal assistance relates to a political crime. The Parties do not consider as crimes of a political nature any crimes punishable in accordance with obligations under international multilateral agreements to which the Republic of Kazakhstan is a party and which are applicable to the Hong Kong Special Administrative Region. 3. The Requested Party may refuse to provide legal assistance if the Requesting Party is unable to meet any conditions regarding confidentiality or restrictions on the use of information, documents, objects and other evidence provided by the Requested Party. 4. The Parties may not refuse to provide legal assistance on the basis of bank secrecy. 5. The Requested Party may delay the provision of legal assistance on the grounds that this would impede an ongoing investigation, prosecution or other proceeding in the Requested Party. 6. Before making a decision on postponing or refusing to provide legal assistance, the Requested Party shall consult with the Requesting Party to make a decision on providing legal assistance, subject to the necessary deadlines and conditions. If the Requesting Party agrees to provide legal assistance under such terms and conditions, it undertakes to comply with these terms and conditions. 7. If the Requested Party decides to refuse or postpone the provision of legal assistance, it shall notify the Requesting Party through its central authority, indicating the reason for such decision.
Article 7
Certification and validity of documents
1. Documents and other materials transmitted under this Agreement and certified with the signature and seal of the competent authority or the central authority of the Requested Party shall be accepted and recognized by the Requesting Party as official documents without their legalization or other form of certification. 2. At the request of the Requesting Party, documents or other materials submitted under this Agreement may be certified in the manner specified in the request for legal assistance, if such certification does not contradict the legislation of the Requested Party.
Article 8
Privacy and usage restrictions
1. The requested Party, at the request of the central authority of the Requesting Party and subject to compliance with its legislation, shall ensure confidentiality regarding the receipt of the request for legal assistance, its contents, the documents attached to it and any action taken in connection with the request, except in cases necessary for its execution. 2. If a request for legal assistance cannot be executed without violating confidentiality, the Requested Party shall inform the Requesting Party in writing. After that, the Requesting Party decides whether the request for legal assistance is enforceable, despite this circumstance. 3. The Requesting Party, without the prior consent of the central authority of the Requested Party, shall not use the information or evidence obtained in accordance with this Agreement for purposes not specified in the request for legal assistance. 4. If the Requesting Party needs to make public or use all or part of the information or evidence for purposes other than those specified in the request for legal assistance, the Requesting Party shall request the appropriate permission from the Requested Party, which may agree in writing or refuse the submitted request in whole or in part.
Article 9
Execution of requests for legal assistance
1. Requests for legal assistance shall be executed in accordance with the legislation of the Requested Party and the provisions of this Agreement as soon as possible. At the request of the Requesting Party, the Requested Party shall provide legal assistance in the form and in accordance with a specific procedure specified in the request for legal assistance, to the extent not contrary to the legislation of the Requested Party. 2. If the Requesting Party requests permission for representatives of its competent authorities to be present during the execution of the request for legal assistance, the Requested Party shall notify the Requesting Party of its decision on the matter. If such permission is granted, the Requesting Party shall be notified in advance by the Requested Party of the date, time and place of execution of the request. 3. The central authority of the Requested Party shall forward the information and evidence obtained as a result of the execution of the request for legal assistance to the central authority of the Requesting Party as soon as possible. 4. If the Requested Party decides that it is impossible to execute the request for legal assistance in whole or in part, or there is a possibility of a significant delay in the execution of the request, the central authority of the Requested Party shall immediately notify the central authority of the Requesting Party and inform it of the reasons for such decision.
Article 10
Handing over documents
1. In accordance with the request for legal assistance, the Requested Party shall serve any documents submitted to it for this purpose as soon as possible. 2. The Requesting Party shall transmit a request for the service of documents, to which it is necessary to respond or which implies the need to appear on the territory of the Requesting Party within a reasonable time before the scheduled response or summons. 3. The execution of the request for the delivery of documents is confirmed by a delivery document with the date and signature of the recipient or a certificate from the competent authority of the Requested Party, which confirms the fact, date and order of delivery. The requesting Party is immediately informed of the delivery of the documents. 4. A person who fails to comply with the requirements contained in any document handed to him shall not, for this reason, be subject to any punishment or coercive measures based on the legislation of the Requesting Party or the Requested Party.
Article 11
Obtaining evidence from the Requested Party
1. The requested Party, in accordance with its legislation, organizes the collection of evidence in accordance with the request for legal assistance and transmits it to the Requesting Party. For the purposes of this article, the provision and receipt of evidence includes testimony from individuals, expert opinions, documents, records, objects, and other evidence. 2. Representatives of the competent authorities of the Requesting Party present during the execution of the request for legal assistance may formulate questions to be asked to the relevant person through a representative of the competent authorities of the Requested Party. 3. Subject to compliance with the legislation of the Requested Party, the person being investigated, prosecuted or otherwise tried by the Requesting Party and his legal representative may be present at the receipt of evidence, and the person who is to testify may also have a legal representative. 4. A person who is required to testify in the territory of the Requested Party in connection with a request for legal assistance may refuse to testify if the legislation of the Requested Party or the Requesting Party permits such a person to refuse to testify. 5. If a person claims the right to refuse to testify in accordance with the legislation of the Requesting Party, the Requested Party is guided by an official document provided by the central authority of the Requesting Party regarding the right of such a person to refuse to testify. 6. The Requesting Party shall comply with all conditions stipulated by the Requested Party with respect to any documents and items transferred to it, including conditions relating to the protection of the rights of third parties to such documents and items. 7. Upon the request of the Requested Party, the Requesting Party shall, as soon as possible, return the original documents and items transferred to it in accordance with paragraph 1 of this Article.
Article 12
Locating and identifying persons and objects
The competent authorities of the Requested Party shall take all necessary measures to establish the location and identification of the persons and items indicated in the request for legal assistance.
Article 13
Search and seizure
1. The Requested Party shall, to the extent permitted by its legislation, comply with requests for the search, seizure and delivery to the Requesting Party of any materials relevant to the investigation, prosecution or other proceedings in connection with a criminal case in the Requesting Party. The request must contain information justifying such actions. 2. The requested Party shall provide such information as may be necessary to the Requesting Party regarding the results of the search, the location of the seizure, the circumstances of the seizure and the subsequent storage of the seized materials. 3. The Requesting Party shall comply with any conditions set by the Requested Party with respect to any seized materials transferred to the Requesting Party.
Article 14
Summoning persons to the Requesting Party
1. If the Requesting Party submits a request to summon a person to participate in legal proceedings in the Requesting Party in the framework of providing legal assistance, the Requested Party invites this person to appear in the Requesting Party. 2. A request to summon a person shall contain information on the costs and fees associated with the appearance of the person being summoned, as well as the guarantees provided to that person in accordance with Article 16 of this Agreement. 3. The decision of a person to appear in the Requesting Party is voluntary. The central authority of the Requested Party shall immediately inform the central authority of the Requesting Party of that person's decision. 4. A request to summon a person must not contain a threat of coercion or punishment if that person fails to appear at the Requesting Party.
Article 15
Temporary transfer of persons in custody
1. A person in custody (including serving a prison sentence) in the Requested Party may, with the consent of the Requested Party, be temporarily transferred to the Requesting Party to participate in legal assistance proceedings, provided that the Requesting Party guarantees the detention of this person and his subsequent return to the Requested Party. The side. 2. The person must be returned no later than ninety (90) days from the date of transfer. This period may be extended by the Requested Party at the request of the central authority of the Requesting Party. 3. The procedure and conditions for the transfer and return of a person must be agreed upon by the central authorities of the Parties. 4. The transfer of a person is refused: (a) if the person in custody (including those serving a prison sentence) does not give written consent to the transfer; (b) if the person's presence is necessary in the ongoing investigation, prosecution or other proceedings in the Requested Party; (c) If such transfer would increase the period of his detention or imprisonment established by the Requested Party. 5. The Requesting Party is obliged to keep the transferred person in custody, unless the Requested Party notifies the Requesting Party that it is no longer necessary to keep this person in custody. In such a case, the Requesting Party shall ensure the immediate release of the said person from custody. From the moment of such release, the person must be considered present in the Requesting Party in accordance with the request sent in accordance with Article 14 of this Agreement. 6. The time spent by a person in the Requesting Party is counted in the total period of his detention (including the period of serving a prison sentence) in the Requested Party.
Article 16
Ensuring security
1. A person who appears on summons to the Requesting Party on the basis of Articles 14 or 15 of this Agreement may not be detained, subjected to criminal prosecution or other restrictions on personal freedom in the Requesting Party for any crimes committed prior to his departure from the Requested Party. 2. Paragraphs 1 and 4 of this Article shall not apply if the person transferred pursuant to Article 15 of this Agreement is not in custody (or serving a prison sentence) and, having the opportunity to leave the territory of the Requesting Party, has not left the Requesting Party within fifteen (15) days from the date of delivery of the written notification to him that his presence was no longer necessary, or, having left the territory of the Requesting Party, voluntarily returned to it. 3. A person who has appeared to the Requesting Party in accordance with articles 14 and 15 of this Agreement is not required to participate in any procedural actions other than those specified in the request. 4. A person who agrees to provide assistance in the framework of legal assistance in accordance with articles 14 and 15 of this Agreement may not be sued in a civil case in which he could not be a defendant if he were not located in the territory of the Requesting Party. 5. A person who refuses to provide legal assistance in accordance with articles 14 and 15 of this Agreement shall not, for this reason, be subject to any penalties or coercive measures under the legislation of the Requesting Party or the Requested Party. 6. If the security provided for in this article cannot be provided for one reason or another, the central authority of the Requesting Party shall indicate this in the request for legal assistance in order to inform the person so that he himself decides whether to appear on such terms.
Article 17
Protection of a person who appeared on a call or was transferred to the Requesting Party
The Requesting Party, in accordance with its legislation, shall take the necessary measures to protect a person who has appeared on a call or has been transferred to the Requesting Party in accordance with articles 14 and 15 of this Agreement.
Article 18
Official and publicly available documents
The requested Party shall: (a) Provide to the Requesting Party copies of government records, documents or information in its possession that are publicly available under its law; (b) may, at its discretion, provide to the Requesting Party, in whole or in part, or on conditions that it deems necessary, copies of government records, documents or information that, under its law, are publicly available. The requested Parties are not publicly available.
Article 19
Proceeds from criminal activity and instruments of crime
1. Upon request, the Requested Party shall take measures to locate in the Requested Party any proceeds of criminal activity or instruments of crime, and shall notify the Requesting Party of the results of its actions. When making a request for legal assistance, the Requesting Party shall notify the Requested Party of the grounds for its assumptions that such income and implements may be located in the Requested Party. 2. In the event that, in accordance with paragraph 1 of this Article, proceeds allegedly derived from criminal activity and instruments of crime are discovered, the Requested Party shall take measures permitted by its legislation to prevent any sale, transfer or alienation of these proceeds and instruments of crime allegedly derived from criminal activity until the Requesting Party makes a final decision regarding the confiscation of these proceeds and instruments of crime. 3. In the event of a request for assistance in securing the confiscation of proceeds from criminal activity or instruments of crime, the Requested Party shall take measures permitted by its legislation to ensure such assistance by all permitted methods. This may include the execution of an order or a court decision of the Requesting Party and the initiation or facilitation of proceedings in respect of proceeds of crime or instruments of crime related to the request for legal assistance. 4. The confiscated proceeds of criminal activity or instruments of crime are kept by the Requested Party in accordance with its legislation. The requested Party may transfer the proceeds of criminal activity or the instruments of crime in part or in full to the Requesting Party on agreed terms. This takes into account the costs incurred by the Requested Party in connection with the execution of a request for assistance in securing the confiscation of these proceeds of crime or instruments of crime. 5. The requested Party, to the extent permitted by its legislation and if requested, shall, as a matter of priority, consider the return of confiscated proceeds of crime or instruments of crime to the Requesting Party for compensation to victims. If the proceeds from criminal activity or instruments of crime are derived from corruption crimes related to the theft or laundering of public funds or property, the Requested Party, less the cost of returning the proceeds from criminal activity or instruments of crime, returns them to the Requesting Party.
Article 20
Video conference
Due to the special conditions, if possible and in accordance with their legislation, the Parties may agree on a case-by-case basis to receive testimony via videoconference.
Article 21
Representation and expenses
1. The Requested Party shall take all necessary measures to represent the Requesting Party during any procedures arising from a request for legal assistance and represent the interests of the Requesting Party in all other respects. 2. The Requested Party, in accordance with its legislation, shall bear all the usual costs of executing requests for legal assistance, with the exception of the following costs, which shall be borne by the Requesting Party: a) expenses related to the travel of persons to and from the Requesting Party in accordance with Articles 14 and 15 of this Agreement and their stay in the Requesting Party, and as well as other payments due to these persons; b) expenses and fees of experts; (c) The costs associated with the travel and stay of representatives of the competent authorities of the Requesting Party during the execution of the request in accordance with paragraph 2 of Article 9 of this Agreement; (d) the costs of transporting items from the Requested Party to the Requesting Party and returning them; (e) Translation costs; (f) videoconference costs. 3. If, during the execution of a request for legal assistance, it becomes apparent that substantial or extraordinary expenses are required for its execution, the central authorities of the Parties shall consult in order to determine the conditions under which the execution of the request can be continued.
Article 22
Relation to other agreements
The provisions of this Agreement do not prevent either Party from cooperating in accordance with the provisions of other applicable international treaties to which they are parties, laws and practices.
Article 23
Consultations and dispute resolution
1. Upon request, the central authorities shall hold joint consultations on the interpretation, implementation and application of this Agreement. 2. If the central authorities are unable to reach an agreement on their own, any differences arising from such consultations are resolved through diplomatic channels.
Article 24
Final provisions
1. Each Party shall notify the other Party in writing through official channels of the completion of its internal procedures required for the entry into force of this Agreement. The Agreement shall enter into force thirty (30) days after the date of receipt of the last notification. 2. This Agreement may be amended by mutual written consent of the Parties. Such amendments shall enter into force in accordance with paragraph 1 of this article. 3. This Agreement remains in force indefinitely. Either Party may terminate this Agreement at any time by notifying the other Party in writing. In this case, the termination shall take effect one hundred eighty (180) days after the date of receipt of such notification. 4. Termination of this Agreement shall not affect the execution of requests for legal assistance received prior to the date of such termination in accordance with the provisions of this Agreement. IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement. Committed in __________________ 20 ____ in two copies, each in Kazakh, Chinese and English, all texts being equally authentic. In case of disagreement in the interpretation of this Agreement, the English text shall prevail.
For the Republic of Kazakhstan
For the Hong Kong Special Administrative Region of the People's Republic of China
President
Republic of Kazakhstan
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