CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 690
OF 01053OZ MARCH 89
CONFIDENTIAL
нко 385/12
ра
m 165061
MDLIAN 1134
FOR NCAD AND LEGAL ADVISERS
UN CONVENTION AGAINST ILLICIT TRAFFIC ON NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES
LEGAL ADVICE HERE IS THAT ARTICLE 5.4(A) OF THE CONVENTION IMPOSES A CLEAR OBLIGATION ON A REQUESTED PARTY TO MEET ANOTHER PARTY'S REQUEST. THE REQUESTED PARTY WILL BE OBLIGED TO MEET THE REQUEST BY FOLLOWING THE PROCEDURE PROVIDED FOR IN ART. 5.4(A)(I) OR THAT IN ART. 5.4(A)(II). IT WILL NOT BE ENTITLED TO INSIST UPON
OTHER CONDITIONS OR REQUIREMENTS BEFORE SUBMITTING THE REQUEST TO ITS COMPETENT AUTHORITIES UNLESS SUCH CONDITIONS OR REQUIREMENTS ARE
PROVIDED FOR IN A FURTHER AGREEMENT OR ARRANGEMENT.
FCO TELNO GUIDANCE 11 REFERS IN PARA 3 AND 6 TO THE NEGOTIATION
OF OVER 40 UK BILATERAL AGREEMENTS. DO YOU INTEND TO HAVE A
COMPREHENSIVE NETWORK OF BILATERALS IN PLACE BEFORE UK RATIFIES
2.
THIS CONVENTION?
3.
IN WHAT MANNER WOULD YOU TREAT A REQUEST FROM ANY PARTY TO THIS
CONVENTION WITH WHOM NO BILATERAL AGREEMENT OR ARRANGEMENT EXISTED?
ARE YOU CONSIDERING LEGISLATION THAT ENCOMPASSES THE ART. 5.4(A)(I)
OPTION TO DEAL WITH THESE CASES?
4.
THE CONCERN HERE IS THAT WE MAY BE FACED WITH A REQUEST FROM A PARTY WHOSE SYSTEM OF JUSTICE LEAVES MUCH TO BE DESIRED AND FOR THIS REASON THE CURRENT LEGISLATIVE PROPOSAL ENVISAGES THAT WE WOULD ONLY MEET REQUESTS FROM JURISDICTIONS ''DESIGNATED''FOR THE PURPOSE UNDER OUR OWN LEGISLATION.
5.
THIS INFORMATION WILL ASSIST US TO ASSESS WHAT NEEDS TO BE DONE BEFORE HONG KONG COULD ACCEPT THE APPLICATION TO IT OF THE CONVENTION.
WILSON
1
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