исх
Tex by (with
legal issues R.F.) a 29/in.
CONFIDENTIAL
FM FCO
врогорії
TO ROUTINE HONG KONG
TELNO 657
OF 13150OZ MARCH 89
CONFIDENTIAL
HKB 371/2
14 MAR 1989
INFO ROUTINE PEKING, UKREP JLG HONG KONG
ty
10
031423
MDLOAN 2815
R.F. and
with 57iv
ГОР 2009 Kuya DIST? by (with RF) again on 10/iv. (NOT &A/
BRADLEY (DPA)'S TELELETTER OF 15 FEBRUARY TO WOOD (HKD) COPIED): MUTUAL LEGAL ASSISTANCE
1. WE WERE GRATEFUL FOR THE UPDATE IN TLUR, AND FOR THE COPY OF THE DRAFT MLAT PRODUCED BY THE AMERICANS. WE NOTE THAT THE LATTER WAS DUE TO BE DISCUSSED INTERNALLY AT THE END OF JANUARY. WE SHOULD WELCOME A FURTHER UPDATE OF HOW YOUR THINKING IS DEVELOPING.
2. WE WONDER WHETHER IT IS RIGHT AT THIS STAGE TO
BE THINKING IN TERMS OF A SPECIFIC BILATERAL AGREEMENT, SUCH AS THAT PROPOSED BY THE US. AS SEEN FROM HERE, THAT MIGHT BE PREMATURE UNTIL YOU HAVE A CLEARER IDEA OF WHAT YOU HOPE TO ACHIEVE IN THE GENERAL AREA OF MLATS. WE ARE AWARE THAT YOU ARE INTRODUCING LEGISLATION TO COVER MUTUAL LEGAL ASSISTANCE IN THE DRUGS FIELD. IS IT YOUR INTENTION TO MOVE ON FROM THE DRUGS LEGISLATION TO FURTHER NEW PRIMARY LEGISLATION ALLOWING WIDER-BASED MLA POWERS? WHAT TIMETABLE DO YOU HAVE IN MIND? 3. IT ALSO SEEMS TO US THAT IT WOULD BE WISE TO THRASH OUT THE GENERAL PRINCIPLES FIRST SO THAT WE CAN RAISE THE GENERAL ISSUE WITH THE CHINESE IN THE JLG (AS WE HAVE DONE WITH EXTRADITION), BEFORE YOU MOVE TO NEGOTIATION OF INDIVIDUAL AGREEMENTS. IF YOU WERE TO PROCEED THE OTHER WAY ROUND, THERE WOULD BE NO GUARANTEE THAT THE CHINESE WOULD ACCEPT A SPECIFIC TREATY. IN ANY EVENT, THOSE CONCERNED HERE WOULD BE HAPPY TO SHARE THEIR THINKING AND THEIR EXPERIENCE SO FAR WITH YOU, IF THAT WOULD BE HELPFUL.
4.
WE NOTE FROM PARA 3 OF TLUR THAT AN EXCO SUBMISSION ON THE GENERAL PRINCIPLES HAD BEEN IN PREPARATION WHICH, AS DESCRIBED IN TLUR, WOULD APPEAR TO TAKE ACCOUNT OF THE CONCERNS EXPRESSED ABOVE. WE SHOULD BE HAPPY TO OFFER COMMENTS ON IT. WE ASSUME THAT IN THE MEANTIME YOU WILL BE PLAYING THE AMERICAN APPROACH LONG.
5.
WE HAVE THE FOLLOWING THOUGHTS ON THE DRAFT TEXT PROVIDED BY
THE AMERICANS:
(A)
THE TEXT IS EXTRAORDINARILY WIDE-RANGING AND AN ODD MIXTURE OF CIVIL AND CRIMINAL ASPECTS:
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