CONFIDENTIAL
FM FCO
TO PRIORITY HONG KONG
TELNO
1124
OF 241115Z MAY 89
13
CONFIDENTIAL
12560
MDLOAN 0076
HKB 371/2
епить
YOUR TELNO 1525: MUTUAL LEGAL ASSISTANCE
1.
14
WE WERE GRATEFUL FOR THE DRAFT EXCO PAPER FAXED TO US. PAPER STRUCK US AS A VERY GOOD ONE WHICH IS VERY MUCH ON THE RIGHT LINES.
2.
WE ARE THEREFORE GENERALLY CONTENT WITH IT, BUT HAVE THE FOLLOWING, LARGELY MINOR, COMMENTS:
(G)
(H)
(I)
(J)
(K)
THE
(A) PARA 4, LAST SENTENCE: WE SUGGEST SPECIFYING WHICH
FOREIGN JURISDICTIONS HAVE ASKED HONG KONG TO ENTER INTO AGREEMENTS.
(B)
(C)
(D)
(E)
(F)
PARA 8, SECOND SENTENCE: INSERT QUOTE FREQUENTLY UNQUOTE BEFORE QUOTE REQUIRE UNQUOTE.
PARA 8 (B): WE SUGGEST THIS BE EXPANDED SLIGHTLY ALONG
THE LINES OF QUOTE TRANSFER OF PRISONERS/PERSONS IN CUSTODY FROM ONE JURISDICTION TO ANOTHER TO GIVE EVIDENCE AND THEN BACK AGAIN UNQUOTE.
PARA 12, LINE 2: INSERT QUOTE EXTRADITION UNQUOTE BEFORE QUOTE ARRANGEMENTS UNQUOTE.
PARA 13, LINE 6: DELETE QUOTE THE UNQUOTE.
PARA 15 (A), LINE 10: REPLACE QUOTE REVEALED TO UNQUOTE BY QUOTE TABLED FOR DISCUSSION WITH UNQUOTE.
PARA 15 (B), LAST TWO LINES: REDRAFT TO READ QUOTE BASIS OF THE DRAFT MODEL WHICH WILL ALREADY HAVE BEEN DISCUSSED WITH THE CHINESE UNQUOTE.
ANNEX A, (D), LINE 9: DELETE SUPERFLUOUS QUOTE THE UNQUOTE. ANNEX A, (D) (I): YOU WILL WISH TO BE AWARE THAT FROM OUR EXPERIENCE THE PRACTICE IS ALREADY CHANGING SOMEWHAT. NOT ALL STATES FAVOUR IMMUNITY IN THESE CIRCUMSTANCES. IT MIGHT THEREFORE BE BEST NOT TO PUSH THIS POINT TOO HARD, ALTHOUGH WE RECOGNISE THE IMPORTANCE OF IT VIS-A-VIS CHINA. ANNEX A, (G): IS THIS NOT ALREADY POSSIBLE UNDER EXISTING PRACTICE? DO YOU HAVE ANYTHING SPECIAL IN MIND? ANNEX B: WHILE WE RECOGNISE THE IMPORTANCE OF THE CHINA DIMENSION, IT IS IMPORTANT TO DISTINGUISH BETWEEN MLA AND EXTRADITION. ON THAT BASIS:
(I)
WE DO NOT THINK YOU SHOULD INSIST ON DOUBLE
1
PAGE
CONFIDENTIAL