CONFIDENTIAL
147613
MDTTAN 2365
·
THE PROCEEDS OF DRUGS TRAFFICKING. THIS IS BASED ON THE UK DRUGS
TRAFFICKING OFFENCES ACT 1986. WE ANTICIPATE THAT WE SHALL MIRROR
THE SCHEME OF THE UK LEGISLATION WHICH PERMITS THE REGISTRATION AND
ENFORCEMENT OF FOREIGN CONFISCATION ORDERS. A HK/UK NEGOTIATION
AS TO THE CONTENTS OF AN AGREEMENT FOR SUCH CO-OPERATION WILL BE
NECESSARY. WE ENVISAGE THAT THE LEGISLATION WOULD PROVIDE FOR THE
GOVERNOR IN COUNCIL TO DESIGNATE ANY JURISDICTION HE WAS SATISFIED
OFFERED RECIPROCITY RECIPROCAL ENFORCEMENT OF CONFISCATION ORDERS
RELATED TO THE PROCEEDS OF DRUGS TRAFFICKING IS OF COURSE ONLY ONE
CORNER OF THE GENERAL SUBJECT OF MLA THOUGH IT DOES SEEM THAT IT IS
THIS AREA WHICH IS THE LEADING EDGE OF ACTIVITY ON THE SUBJECT.
ARRANGEMENTS FOR MUTUAL LEGAL ASSISTANCE WOULD OF COURSE BE BENEFICIAL ACROSS THE WHOLE RANGE OF CRIMINAL OFFENCES. AT PRESENT
ASSISTANCE IS ONLY PROVIDED ON AN AD HOC BASIS WITH NO OBLIGATION
ON THE REQUESTED COUNTRY TO PROVIDE ASSISTANCE. OUR LAWYERS
BELIEVE THAT MUTUAL LEGAL ASSISTANCE AGREEMENTS ARE NECESSARY TO
ENSURE THAT ASSISTANCE IS IN FACT GRANTED.
5.
·
WE ARE THEREFORE LOOKING MORE POSITIVELY AT A SEPARATE AMERICAN
REQUEST, THAT WE NEGOTIATE AN MLA AGREEMENT WITH THEM. WE KNOW THAT ANY SUCH AGREEMENT WOULD CREATE IROS AND WOULD HAVE TO BE PUT THROUGH
THE JLG. THE DIFFERENCE IS THAT THE VIEW OF THE ATTORNEY GENERAL'S
CHAMBERS IS THAT HK STANDS TO BENEFIT SIGNIFICANTLY FROM MLA AGREEMENTS, AND THAT THE RECIPROCAL BURDEN PLACED UPON US WOULD BE WORTH IT.
6.
WE ARE THEREFORE PROCEEDING WITH THE PREPARATION OF AN EXCO PAPER
WHICH WILL CANVASS THE POSSIBLITY OF ADVANCING CONSIDERATION OF
MUTUAL LEGAL ASSISTANCE AGREEMENTS, IN PARTICULAR BY DISCUSSING THE IDEA WITH THE CHINESE. WE HAD HELD OFF FOR SOME TIME WHILE THE
TALKS ON EXTRADITION PROCEEDED BECAUSE THERE ARE OBVIOUS PARALLELS
AND WE WISHED TO SEE HOW EXTRADITION CAME OUT. ALTHOUGH THERE MAY
BE SOME DIFFICULT AREAS IN MLA FOR US VIS-A-VIS CHINA, THE LAWYERS HERE THINK THAT THEY WILL NOT BE AS SERIOUS AS THOSE WE HAVE HAD WITH
EXTRADITION AND MAY YET ENCOUNTER WITH RENDITION. NOTABLY WE WOULD
ON THE WHOLE BE HAPPY TO CONTEMPLATE A MUTUAL LEGAL ASSISTANCE
AGREEMENT WITH CHINA. THIS SHOULD MAKE IT EASIER TO DISCUSS WITH
THE CHINESE MUTUAL LEGAL ASSISTANCE AGREEMENTS WITH THIRD PARTIES.
7. WE ARE AWARE THAT THE UK IS ALSO ADDRESSING THE QUESTION OF
LEGISLATION ON MUTUAL LEGAL ASSISTANCE. ONCE THAT IS IN PLACE AND IF
HONG KONG HAS SIMILAR LEGISLATION UK/HK CO-OPERATION WILL BE
POSSIBLE. IT IS DOUBTFUL THAT HK WOULD WISH TO PARTICIPATE IN THE
COMMONWEALTH SCHEME AS THE BASIS FOR UK/HK ARRANGEMENTS AS THESE
2
PAGE
CONFIDENTIAL
}