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Background and Argument
3.
Given its position as an international centre, it is
important that Hong Kong should be able to cooperate
effectively with foreign countries to combat drug trafficking. In July 1989, Hong Kong enacted the Drug
Trafficking (Recovery of Proceeds) Ordinance 1989 which is
based on the UK Drug Trafficking Offences Act 1986. It
provides for the confiscation of the proceeds of drug
trafficking and for the designation of foreign countries so
that their restraint and confiscation orders can be enforced
in Hong Kong.
4. Hong Kong now requires arrangements to ensure reciprocal treatment. The best way to achieve this, and Hong Kong's preference, is for Hong Kong to enter into agreements, which would form a basis for mutual designation under one
another's legislation. It would be possible to extend to Hong Kong existing UK agreements with other countries. Hong Kong's needs will not always coincide with ours. And
this would not help our efforts to enhance Hong Kong's
autonomy in as many fields as possible in the run-up to
1997.
But
5. I therefore recommend that Hong Kong be authorised to
enter into its own bilateral agreements. The draft
entrustment is framed in such a way that it enables Hong
Kong to conclude not only the agreement with Canada but also
similar agreements with other countries (Hong Kong has
already held a first round of talks with the US and has
received an informal approach from Australia).
Chinese Dimension
6. These drugs agreements will create new international
rights and obligations for Hong Kong. If they were to
continue after 1997, we should need to consult the Chinese.
However, Hong Kong's plan is for the drugs agreements to be
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