BY FAX
CONFIDENTIAL
112
Security Branch, 6/F,
布政司署 香港下亞屈界道
GOVERNMENT SECRETARIAT
LOWER ALBERT ROAD HONG KONG
URGENT
*** Our Ref.: SCR 22/581/87 Pt. 4.
LAST PAPER
來函楷號 Your Ref.:
22 November 1989.
M. Stone Esq.,
Hong Kong Department,
Foreign & Commonwealth Office,
London, SW1A 2AH.
HKA 383/2
RECEIVED
04 DEC 198
Да
Mite
INL:
International Assistance in Criminal Matters
Further to your telegram number 2287 of 13 October 1989 regarding the above, I enclose herewith a copy of the draft Model Agreement which is attached as an Annex to the draft covering paper for the Chinese.
In addition to any comments you may have on the two drafts enclosed, I shall be grateful for your specific advice as to proposed UK policy in relation to the service of documents. Our concern with Article XII is that removal of the sanction for failure to comply with the service of criminal process (see Article XII (5)) introduces an artificiality in that the document to be served (e.g, a subpoena) will not have the effect it is stated on its face to have. Equally it is felt that a person in the requested jurisdiction should not be subject to a sanction for failure to comply with foreign criminal process.
As we should like to put the draft Agreement and paper for the Chinese to Executive Council in the near future, I shall be grateful for a response as above as soon as convenient.
You
Enc.
(Ian Wotherspoon),
for Secretary for Security.
CONFIDENTIAL
TO 3988
22:2 22-TT 68.
XH
SпOH 109 000