CONFIDENTIAL
p.a.
37019
NEGOTIATION OF A UK/HKSAR AGREEMENT ON MUTUAL LEGAL ASSISTANCE (MLA): PRELIMINARY MEETING
Meeting held in Room K211 of the Foreign & Commonwealth Office on 12 November, 1993.
Present
Miss Shelagh Brooks, Legal Advisers
Mr Richard Mash, Solicitor's office, HM Customs & Excise
Mr Geoffrey Sonnenberg, Home Office
Ms Sally Evans, Home Office Legal Advisers
Mr Tim Livesey, Economic Relations Department
Mr Rod Bunten, Hong Kong Department
Ms Wendy Wyver, Hong Kong Department
Background
1. Miss Brooks said Hong Kong very anxious to negotiate such an agreement to come into force on 1 July 1997. A danger that existing parallel legislation may be amended or repealed after 1997. Moreover, a series of such bilateral agreements would establish the rights and obligations of the Hong Kong Special Administrative Region (UKHKSAR) in international law. Possibility of such agreements allowed for under Article 71 of Joint Declaration, which states "the Central People's Government (CPG) shall authorise the HKSAR Government to make appropriate arrangements for reciprocal juridicial assistance with foreign states".
2. Mr Bunten explained this agreement one of four to be negotiated in December, along with " Reciprocal Enforcement of Judgements", "Surrender of Fugitive Offenders" & "Investment Promotion & Protection Agreements". These will have to be approved by the Chinese through the Joint Liaison Group. Here a model treaty is first agreed, then an agreed list of negotiating partners and finally specific initialled texts negotiated with those partners. Given that Chinese likely to see Hong Kong Government as an unequal partner in negotiations with UK, chances of getting UK/HKSAR MLA agreement approved greater if it stays close to model text. In the case of MLA, the Chinese agreed the English language version of the model text a year ago and are close to agreeing the Chinese language version.
ACTION CHECKLIST
ALL-Date for negotiations with HK Government team led by David Edwards: Thursday 16 & Friday 17 December
CONFIDENTIAL