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article as it stands if necessary, and to draft two or three paragraphs detailing provisions on drugs and other crime which might be added here. To copy these to Miss Brooks and Mrs
Evans
Mrs Evans & Mr Sonnenberg to consult Peter Vallance about the continuance of the UK/HK drug trafficking agreement after 1997 and how, if at all, it could be related to this MLAT.
At the negotiations
- to add "or their value" after each mention of "proceeds", or "proceeds of crime".
13. Article XX
Mrs Evans asked if the "diplomatic channels" referred to would be London-Peking. Miss Brooks said yes.
14. Article XXI
Paragraph (1) With regard to a potential time lag before "respective requirements" are complied with, Mrs Evans said that if confiscation is included in the agreement this would require an Order in Council, which could take a month or two.
15. General Points
Mrs Evans asked whether the Channel Islands and Isle of Man should be included. Miss Brooks said could ask HK delegation to agree to insertion of a territorial application provision, but it could cause problems with the Chinese. She proposed inserting a new Article XX on Territorial Application based on paras 1 & 2 of Article 20 of the US MLAT, thus turning the present Articles XX and XXI into XXI and XXII respectively. We would have to consult our other dependent territories as to whether they wished to be covered by the agreement.
In Preparation
-
Miss Brooks to draft an article on Territorial Application along the lines of US MLAT Article 20 (1 & 2).
At the negotiations
To discuss the possibility of the addition of an article on Territorial Application with the HK delegation.
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