PART II - REQUESTS

4. Request from Mauritius

(3) A request under subsection (1) shall be in writing and shall -

(a) give the name of the requesting authority ;
(b) give the name of the authority conducting the proceedings to which the request relates ;
(c) give a description of the nature of the proceedings and a statement setting out a summary of the relevant facts and laws ;
(d) explain the purpose of the request and the nature of the assistance being sought ;
(e) give details of any procedure which is required to be followed to comply with the laws of Mauritius;
(f) where appropriate, include a statement setting out any wish as to confidentiality of the request and the reasons for that wish ;
(g) indicate any time limit within which compliance with the request is desired, stating reasons ;
(h) indicate the name and address of the person to be served, where necessary ;
(i) give any other information that may assist in giving effect to the request ;
(j) be supplemented with such other procedures, formalities, and information as may be required by the foreign State to give effect to the request ; and
(k) where necessary, be accompanied by a translation into the official language of the foreign State.

PART III - FORMS OF MUTUAL ASSISTANCE

6. Procedure for an evidence-gathering order or a search warrant

(2) Subject to section 5(5), a request by a foreign State, or an international criminal tribunal, for an evidence-gathering order shall -


(a) comply with the requirements in section 4(3) ;

(b) specify -
(i) the name and address or the official designation of the person to be examined ;
(ii) the question to be put to the person or the subject matter about which he is to be examined ;
(iii) whether it is desired that the person be examined orally or in writing ;
(iv) whether it is desired that an oath be administered to the person ;
(v) any provision of the law of the foreign State as to privilege or exemption from giving evidence which appears especially relevant to the request ; and
(vi) any special requirements of the law of the foreign State as to the manner of taking evidence relevant to its admissibility in that State ;
(vii) the document, record or property to be inspected, preserved, photographed, copied or transmitted ;
(viii) the property of which samples are to be taken, examined or transmitted ; and
(ix) the site to be viewed or photographed.

PART III - FORMS OF MUTUAL ASSISTANCE

6. Procedure for an evidence-gathering order or a search warrant

(3) A request by a foreign State or an international criminal tribunal for a search warrant shall -

(c) contain such information available to the foreign State or international criminal tribunal, as the case may be, as may be required for the purpose of the application.

PART III - FORMS OF MUTUAL ASSISTANCE

6. Procedure for an evidence-gathering order or a search warrant

(5) For the purposes of subsection (4)(a)(i), a statement contained in the request to the effect that

(a) a serious offence has been or may have been committed against a law of the foreign State ; or
(b) an international criminal tribunal offence has been or may have been committed,
shall be prima facie evidence of that fact.

PART III - FORMS OF MUTUAL ASSISTANCE

6. Procedure for an evidence-gathering order or a search warrant

(6) An evidence-gathering order-

(a) shall provide for the manner in which the evidence is to be obtained in order to give effect to the request and may require any person named therein to-

(i) make a record from data or make a copy of a record ;
(ii) attend before the Master and Registrar to give evidence ; and
(iii) produce to the Judge in Chambers, or to any other person designated by him, any article, including any document, or copy thereof; or

(b) may include such terms and conditions as the Judge in Chambers considers desirable, including those relating to -

(i) the interests of the person named therein or of third parties ; or
(ii) the questioning of the person named therein by any representative of the foreign state or international tribunal, as the case may be.

(7) Subject to subsections (8) and (9), a person named in an evidence-gathering order may refuse to answer a question, or to produce a document or article, where the refusal is based on -

(a) an enactment which permits the person to decline to give evidence in similar circumstances in proceedings originating in Mauritius or a privilege recognised by the law in Mauritius ;
(b) a privilege recognised by a law in force in the foreign State that made the request ; or
(c) a law currently in force in the foreign State that would render the answering of that question, or the production of that document or article by that person, in his own jurisdiction, an offence.