CODE 18-77

Mr Fifoot,

Deputy Legal Adviser

RESTRICTED

Reference.........................................................

MUD 3851

Z COCT 1987

83

UN CONVENTION ON PSYCHOTROPIC SUBSTANCES 1971:

EXTENSION TO HONG KONG

I would be very grateful for any advice or comments on the enclosed correspondence passed on to us by NCAU.

1.

2. I also enclose copies of the 1961 and 1971 Conventions, the notification of the extension to dependent territories of the 1961 convention, and the UK instrument of ratification of the 1971 convention. As you will see from Mr Hebblewhite's letter to Mrs Heidgen of 2 July, the Home Office has said that notifying Hong Kong as a separate "territory" or "region" is a matter for discussion between the FCO and the Hong Kong Government. We in HKD are inclined to agree with Hong Kong that it should be declared a separate region under the relevant articles in the Conventions (Article 43 of the 1961 Convention and Article 28 of the 1971 Convention).

3.

I would propose, subject to your agreement, to tell NCAU that we (i.e. the FCO) agree to Hong Kong's proposal for the reason that there is a need to ensure that Hong Kong is able to implement the provisions of the 1961 and 1971 convention separately from the UK and to ensure that after 1997 the SAR would be able to participate in the law enforcement activities required by the Conventions.

4.

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As you will note, Hong Kong have been awaiting a reply to their letter since 12 March. I would be extremely grateful for your comments as soon as time permits.

Paul Arkwright

P T Arkwright

Hong Kong Department WH 312 270 2652

16 July 1987

cc. Mrs Heidgen, NCAU

(w/o encs)

RESTRICTED

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