Exchange of Instruments of Ratification of the Treaty between Japan and the People’s Republic of China on Mutual Legal Assistance in Criminal Matters

October 24, 2008
Japanese

On October 24 (Friday), the instruments of ratification of the Treaty between Japan and the People’s Republic of China on Mutual Legal Assistance in Criminal Matters (Japan-China Mutual Legal Assistance Treaty) were exchanged in Beijing between Mr. Yuji Miyamoto, Japanese Ambassador to China, and Mr. Hu Zhengyue, Assistant Minister, Ministry of Foreign Affairs of China, in the presence of Mr. Taro Aso, Prime Minister of Japan, and Mr. Wen Jiabao, Premier, State Council of China. With this exchange of the instruments, the Treaty will enter into force on November 23 (Sunday).
When Premier Wen Jiabao visited Japan in April 2007, the two leaders of Japan and China decided in the “Japan-China Joint Press Statement” that they would work toward reaching a substantive agreement by the end of the year on negotiations for concluding a Japan-China Mutual Legal Assistance Treaty as an essential part of strengthening the cooperative relations between Japan and China in the field of criminal and justice. After negotiations for the conclusion of the Treaty, the signing of the Treaty took place on December 1, 2007, between Mr. Masahiko Koumura, then Minister for Foreign Affairs of Japan, and Dr. Yang Jiechi, Minister of Foreign Affairs of China. In May this year, both sides shared the views in the “Joint Press Statement on the Strengthening Exchange and Cooperation between the Government of Japan and the Government of the People’s Republic of China” that both sides would accelerate their efforts for the early entry into force of the Japan-China Mutual Legal Assistance Treaty.
The Japan-China Mutual Legal Assistance Treaty stipulates that each Party should, upon request by the other Party, provide assistance in connection with investigations, prosecutions, and other criminal proceedings in criminal matters. As its framework, the Central Authorities (the Minister of Justice or the National Public Safety Commission or persons designated by them in the case of Japan; the Ministry of Justice or the Ministry of Public Security in the case of China) are designated and communicate directly with each other. By concluding the Treaty, the requests made from Japan to China are expected to be executed in China in a more assured manner, and direct communications between the Central Authorities is expected to make assistance efficient and expeditious.

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