U.S. DRAFT MLA TREATY:
Points Raised During Discussion with Mr C. Newall on
12.1.89
1. General Comments
i) First Bilateral Partner
Do we want the U.S. to be Hong Kong's first
bilateral partner? An alternative would be the
U.K. which, has said it, is prepared to do whatever
it can to accommodate Hong Kong's specific
concerns. In this connection U.K's dislike of the
U.S. draft model with its implications for drugs
trafficking proceeds is noted (para 5 of AGC memo
(16) in SD/POL/31/1III).
A bilateral with the U.K. should take less time to
conclude than one with the U.S. A preliminary agreement may soon be agreed upon and initialled,
with its entry into force withheld pending
necessary legislation.
ii)
Political Offence
It is Hong Kong's intention that MLA will not be
granted in respect for political offences. The
U.S. craft treaty presented to Hong Kong has not
provided for the exclusion of political cases.
However, the U.S. is likely to be flexible as it
has already concluded MLA treaties with Italy,
Turkey and some others which exclude political
cases.