CONFIDENTIAL
TO DESKBY 05013OZ HONG KONG
FM FCO
TELNO 916
OF 04153OZ MAY 90
CONFIDENTIAL
HKB 385/
064414
MDHOAN 82020
CCEIVE
AY 1990
perde
YOUR TELNO 1420 OF 2 MAY: DESIGNATION UNDER THE DRUG TRAFFICKING (RECOVERY OF PROCEEDS) ORDINANCE 1989
STRICTLY PERSONAL FOR COMMISSIONER FOR NARCOTICS
1.
THE AGREEMENT BETWEEN THE UK AND CANADA ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS (DRUG TRAFFICKING) INCLUDES DEFINITIONS OF PROPERTY AND PROCEEDS WHICH ARE IDENTICAL TO THE DEFINITIONS IN YOUR MODEL AGREEMENT. THESE DEFINITIONS CONFORM TO THOSE IN UN CONVENTION AGAINST ILLICIT TRAFFICKING IN NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES.
2.
WE HAVE ALWAYS FOUND IT NECESSARY TO INCLUDE THESE DEFINITIONS IN OUR AGREEMENTS (PROCEEDS PROVIDES FOR BOTH
PROPERTY AND VALUE CONFISCATION): THE ORDINARY MEANING OF PROCEEDS IS LIKELY TO EXCLUDE OUR SYSTEM OF VALUE CONFISCATION
AND A DIFFERENT DEFINITION OF PROPERTY ENSURES THAT ALL LEGAL EQUITABLE INTERESTS ARE COVERED, NOT JUST PHYSICAL PROPERTY. 3. IN THE NEW CRIMINAL JUSTICE (INTERNATIONAL COOPERATION) ACT 199U PROVISION IS MADE FOR ENFORCEMENT OF OVERSEAS ORDERS WHICH INCLUDES FORFEITURE OF INSTRUMENTS OF CRIME. THIS WILL MEAN THAT IN FUTURE NEGOTIATIONS THE SCOPE OF AGREEMENTS CAN BE EXPANDED TO INCLUDE INSTRUMENTS. BUT IN THAT EVENT WE WOULD PROPOSE TO DEFINE INSTRUMENTS IN THE TEXT FOR THAT PURPOSE.
4.
THE CANADIANS WILL BE AWARE THAT IN THE COUNCIL OF EUROPE DRAFT CONVENTION ON CONFISCATION THERE IS A DEFINITION OF BOTH
PROCEEDS AND INSTRUMENTS.
HURD
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CONFIDENTIAL
HKC385/2
RECER
STRY
24 JUL 1999