Joint Declaration of the 8th China-ASEAN Prosecutors-General Conference　

The 8th Conference of Prosecutors General and Attorneys General of China and the ASEAN Countries was convened from 22nd to 23rd January 2014 in Johor Bahru, Malaysia. It was attended by:

1) H.E. Tan Sri Abdul Gani Patail, Attorney General of Malaysia

2) H.E. Zhu Xiaoqing, Deputy Prosecutor General of the Supreme People's Procuratorate of the People's Republic of China

3) H.E. Datin Seri Paduka Hajah Hayati Binti POKSDSP Haji Mohd Salleh, Attorney General of Brunei Darussalam

4) H.E. Chan Sotheavy, Secretary of State, Ministry of Justice of the Kingdom of Cambodia

5) H.E. Basrief Arief, Attorney General of the Republic of Indonesia

6) H.E. Langsy Sibounheuang, Deputy Supreme People's Prosecutor of the Lao People's Democratic Republic

7) Mr. Win Myint, Deputy Director General, Union Attorney General's Office of the Republic of the Union of Myanmar

8) H.E. Claro A. Arellano, Prosecutor General of the Republic of the Philippines

9) H.E. Steven Chong Horng Siong SC, Attorney-General of the Republic of Singapore

10) H.E. Athapol Yaisawang, Attorney General of the Kingdom of Thailand

11) H.E. Dr. Tran Cong Phan, Deputy Procurator General of the Supreme People's Procuracy of the Socialist Republic of Viet Nam.

2. The Conference was held in a friendly and cordial atmosphere and reflected the spirit of cooperation and understanding established over the last decade since the Conference of Prosecutors General and Attorneys General of China and the ASEAN Countries was inaugurated in 2004. The Participating Delegations renewed existing bilateral relations and recalled that the Conference had achieved its purposes of enabling the criminal prosecution services of China and the ASEAN Couniries to appreciate the differences in the legal systems and to strengthen exchange of information and cooperation in their joint efforts to combat transnational crimes.

3. Under the theme of "Crime, Corruption and Investment", Participating Delegations reaffirmed the importance of enhancing the effectiveness of the criminal justice system and took note of the prosecutors' role in combatting crime to promote and support a stable environment for the development of business opportunities within China and the ASEAN Countries, keeping in mind the targeted establishment of the ASEAN Economic Community by 2015.

4. The Participating Delegations of the 8th Conference of Prosecutors General and Attorneys General of China and the ASEAN Countries hereby reiterate the importance of the objectives of the Conference and adopt the following joint declaration:

I. It is recognised that in the past decade since the inauguration of the Conference in 2004, the prosecutors of China and the ASEAN countries have undertaken efforts to strengthen dialogue, maintain closer communication and frequent high-level exchanges, further broaden channels of cooperation, conduct more active personnel exchanges and training, and also improve overall judicial assistance mechanisms and direct cooperative mechanisms between prosecutorial services. This has not only promoted in-depth development of friendly cooperation between the prosecutors in this region but also effectively improved the efficiency of cooperation in fighting cross-border crimes and made positive contributions to the friendly relationship between China and the ASEAN countries, in particular through the formal mutual assistance in criminal matters and extradition regimes as well as through informal channels.

II. In view that all countries attach universal importance to the role of investment as one of the elements in stimulating economic growth in economic and social development, especially in the wake of the international financial crisis, crime and corruption have become a key problem in the area of investments that will need to be addressed.

IIl. It is also recognised that crimes and corruption or even the perception thereof, impairs the attractiveness and competitiveness of countries to investors when they seek profitable opportunities and returns in safe and secure business environments around the world. The Participating Delegations therefore note that the work of the prosecutors complements the efforts of regulatory and law enforcement agencies as they seek to establish and enforce transformative, transparent, predictable and balanced regulatory frameworks based on internationally benchmarked standards of practice. It is also noted that corporate governance is enhanced by robust enforcement and prosecutorial regimes.

IV. The Participating Delegations recognised the importance of stable domestic legal systems to gain investor confidence and noted that among the fundamental characteristics required are clarity, certainty, predictability, transparency and consistency, which extend to the laws that are enacted, the enforcement of those laws as well as the prosecution of cases. This is underpinned by swift and unbiased prosecutions in open courts, effective public engagement with due regard for security and confidentiality requirements and adhering to established prosecutorial principles in the interest of upholding the integrity of the criminal justice system and public interest. In the final analysis, investor confidence will be based on the peace and stability of each country, as well as the cooperation amongst the countries.

V. The Participating Delegations will utilise existing mechanisms to enhance cooperation and capacity building, and where appropriate, explore the establishment of supplemental mechanisms.

VI. The Participating Delegations noted the expanding contributions of Islamic finance to the global economy and the need for the Islamic finance system to be supported by an appropriate legal framework. The Participating Delegations also noted the varied approaches taken by countries that have embarked on Islamic finance regimes, that is either by establishing a separate regime or modifying the existing legal and administrative framework to accommodate and comply with Syariah principles. It was also ernphasized that the implementation of an Islamic finance system should be anchored by professionals as advisors as they possess the neccssary expertise. This can also be achieved by having in-built training and education schemes which complement the Islamic finance system.

VII. The Participating Delegations noted the symbiotic relationship between the rule of law and economy. A rule-based environment is an essential impetus to investment growth in any country and that this must be supported by the availability of eflicient, expeditious and transparent judicial proccsses as well as other alternative dispute settlement mechanisms. In this regard, investors seek the assurance of established infrastructure, including appropriate regulatory regimes and their enforcement.

VIII. The Participating Delegations took note that among the criteria that are considered important include investor protection, economic stability, predictability, certainty in the legal environment, the implementation of a facilitative regulatory structure and environmental sustainability amid rapid development.

5. The Participating Delegations acknowledge that the issue of crime and its effect on investments merit further discussion and prosecutors would greatly benefit from the further sharing of experience, best practices and relevant information in this area.

Signed in Johor Bahru, Malaysia on 23d January 2014.