CONFIDENTIAL
Mutual Legal Assistance
6.
Mr Thomas raised again the question of mutual legal assistance. He said that Hong Kong was anxious to adopt something on the lines of the Commonwealth Scheme which Commonwealth Law Ministers had considered at their Conference in Harare. Their idea was that it would fall within JD.71. Negotiations for agreements should follow the extradition exercise (it was not clear to me whether the latter should be completed before Hong Kong proposed MLA to the Chinese or whether he was merely saying that Hong Kong should not broach the MLA question until the extradition exercise was effectively launched). In the meanwhile they would be preparing legislation to implement
MLA.
1.
Obviously there would be advantage for Hong Kong, as there would be for this country, in MLA arrangements. However, I do not think that they are quite of the priority which Mr Thomas's interest would suggest. Further, like extradition, MLA has a Chinese dimension which needs to be taken into account though I do not think it is of the same degree of seriousness as it is as regards extradition. We do not need to do anything in anticipation of Hong Kong raising MLA with us.
Paul Fifoot Legal Adviser
CONFIDENTIAL