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12.
A similar problem was met within Interpol when in 1960 Hong Kong became a sub-bureau of the U.K.'s National Control Bureau. Requests for information, assistance and all the preliminary stages of extradition proceedings are also handled directly between Interpol Hong Kong and the foreign party. Hong Kong's sub-bureau can also initiate such action.
Extra Territorial Jurisdiction
13.
The intention of this Convention is to make offences such as laundering or procedures such as those for the forfeiture of the proceeds of drug trafficking liable to the courts' jurisdiction "irrespective of where such traffic occurred". As a consequence, criminal courts shall be authorised to issue an order to freeze and seize proceeds even before the institution of formal charges. It appears from the Drug Trafficking Offences Act 1986 that the general rule in s. 7(1)(a) is that proceedings will have been instituted or that under s. 7(2), where the court is satisfied that information is to be laid, restraining and charging orders may be made.
14.
Although from a pure drug law enforcement point of view, I have to welcome such a provision, nevertheless it will permit other Parties to prosecute for offences occurring within Hong Kong (Article 2(6)) and may permit another Party to seek to freeze assets in Hong Kong claimed to be actual or laundered proceeds of a drug-related crime.
15.
Part of the Joint Declaration between HMG and the government of the Peoples' Republic of China establishes the future Special Administrative Region control over criminal
But the prosecutions, free from interference in Hong Kong. existence of the Extra Territorial Jurisdiction provisions described above could permit the Chinese to argue that they would be permitted to prosecute a drug trafficker in the Peoples' Republic of China for activities in Hong Kong.
16.
We have as yet to consider the policy implication of removing drug manufacture, trafficking and laundering of proceeds from any list of offences where we would expect the alleged offender to be returned to Hong Kong if the Chinese chose to apply the Extra Territorial Jurisdiction clauses and conclude that rendition to Hong Kong was not necessary.
17.
I realise that Article 4(7) establishes territorial precedence in the context of extradition but nevertheless there may be potential problems for the future of Hong Kong when we have to live with two criminal systems in one country. This may become more significant with the enactment of your Criminal Justice Bill which will permit extradizior without either a list "or a prima facie" case.
ar es
Yours
Gareth Mulley
(G.N. Mulloy)
Commissioner for Narcotics