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HONG KONG MUTUAL LEGAL ASSISTANCE

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1.

Mr Edwards, Legal Adviser to Hong Kong Department, asked me to send the attached draft to NTD for their comments. I think, however, that ERD have recently been more involved in the negotiation of Mutual Legal Assistance Treaties, and so will be probably be better placed to offer comments than NTD.

2.

It will, of course, be for the Hong Kong authorities themselves to comment in detail on the text put forward by the Americans. However, I am sure it would be useful for officials in the colony to have some idea of HMG's views on a text such as this. You will see that the last five pages of the enclosed Memorandum already outline some difficulties which have been identified by the authorities in Hong Kong.

3.

As to the form of the Agreement, Mr Wood (HKD) is quite right in suggesting that the Agreement should be between the Government of Hong Kong and the Government of the US, and that all that is required of HMG is to authorise the Government of Hong Kong to negotiate and conclude an agreement (having first consulted the Chinese).

4.

I am afraid that I have to ask for your comments by

8 March 1989.

HKB 371/2

Jain Macleod. дай

CODE 18-77

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1 March 1989

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