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Article 5 - Mutual Legal Assistance
4.
This topic is currently being studied in Hong Kong in a working party. Article 5(5), I suggest, could be amended to read "which Party shall designate appropriate authorities to facilitate or execute requests for mutual legal assistance" This would give HMG the power to designate our Attorney General for the limited purposes of mutual legal assistance between Parties. This would go a long way to ensure the speed of movement and independence of action that are so important in these processes.
Article 6 Other forms of co-operation and training
5.
The provisions in this article particularly Article 6(1)(c) (joint team operations on the territory) and 6(4) (posting of liaison officers from other Parties within their borders) could create problems for Hong Kong post 1997.
6.
Our Police and Customs consider that potential problems with China on the exchange of information/evidence in relation to investigation of drug cases will arise because of different legal systems.
Article 8 - Measures to monitor or control immediate precursors and essential chemicals used in the illicit processing or manufacture of narcotic drugs or psychotropic substances
7.
All the essential chemicals in List B, except Acetic Anhydride which is subject to stringent control under the Acetylating Substances (Control) Ordinance, Cap. 145, are widely used in industry. It will be very difficult to implement the proposed control of these substances, in particular the requirement for advance import/export declarations to be submitted by the traders given Hong Kong's free trade policy. For example, Hong Kong imported 52,149 tonnes of acetone and re-exported 49,701 in 1986, mainly to China. A much simpler control measure will be needed than the one envisaged.
Article 11 - Commercial carriers
8.
It seems unreasonable to draw a distinction as to the precautions that should be taken by (a) a commercial carrier which has its principal place of business within the territory of the Party and (b) any other carrier operating within the territory of the Party. Does it mean that, for example, the carriers of category (a) are not required to report to the authority at the earliest opportunity all suspicious incidents that may be related to illicit trafficking? Paragraph 101 of the Interim Report of the Expert Group Meeting records that "It was, however, the understanding that Parties could apply, in appropriate cases, all the measures envisaged under sub-