Mr Locks
Wutham
RESTRICTED
Tel alle. Cleared in the
alpa
In lifool, No sinth
тисю
ca.
раджу
FROM:
Paul Fifoot
DATE:
24 June 1987
c.c.
Mr Poston
(NCAU)
A Late
HONG KONG: UN CONVENTION ON ILLICIT DRUG-TRAFFICKING
1.
substantive
I see no/difficulty in the suggestion that we should seek specific provision in the draft Convention for an article. based on and developing Article 28 of the Psychotropic Substances Convention. There is, however, a question whether such provision is necessary or whether we can convince others that it is neces- sary.
2. The draft articles contained in E/CN.7/1987/2 impose various duties on the Parties which each Party is to implement "having due regard to its constitutional, legal and administrative systems". That kind of provision would, in my view, entitle a State Party to appoint different authorities in respect of dif- ferent areas under its jursidiction (as it clearly would need to empower different courts) so that the necessary degree of co- operation would be effected by direct contact with those differ- ing authorities. The existence of Federal States where power is divided between the Federation and the States makes such construc- tion necessary. It is equally applicable in respect of metro- politan territories and their dependencies.
3. However, from the point of view of the Hong Kong SAR, the advantages of an express provision for separate territories and separate authorities is obvious and it is worthwhile exploring the possibility of adopting a formula based on the Psychotropic Substances Convention. Having regard to past difficulties over nomenclature we should make sure that the word "regions" would be acceptable to the Chinese as including a description of the SAR, or if that is not so, that we adopt nomenclature which would be acceptable to them.
HKD 335/
RECEIVED IN REGISTRY
A
2 6 JUN 1987
SK OFFICER
PA
REGISTHY
Action Taken
Mik 217
Paul Fifoot Legal Advisers
RESTRICTED