TNAG-1709-FCO40-2384-Hong-Kong-narcotics-offences-and-drug-trafficking-1988 — Page 126

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PARTY IS TO IMPLEMENT QUOTE HAVING DUE REGARD TO ITS CONSTITUTIONAL, LEGAL AND ADMINISTRATIVE SYSTEMS UNQUOTE.

THAT

THE

KIND OF PROVISION WOULD, IN THEIR VIEW, ENTITLE A STATE PARTY TO APPOINT DIFFERENT AUTHORITIES IN RESPECT OF DIFFERENT AREAS UNDER ITS JURISDICTION (AS IT CLEARLY WOULD NEED TO EMPOWER DIFFERENT COURTS) SO THAT THE NECESSARY DEGREE OF CO-OPERATION WOULD BE EFFECTED BY DIRECT CONTACT WITH THOSE DIFFERING AUTHORITIES. EXISTENCE OF FEDERAL STATES WHERE POWER IS DIVIDED BETWEEN THE FEDERATION AND THE STATES MAKES SUCH CONSTRUCTION NECESSARY. IS EQUALLY APPLICABLE IN RESPECT OF METROPOLITAN TERRITORIES AND

THEIR DEPENDENCIES.

IT

3.

NEVERTHELESS WE AND THEY AGREE THAT FROM THE POINT OF VIEW OF THE HONG KONG SAR, THE ADVANTAGES OF AN EXPRESS PROVISION FOR SEPARATE TERRITORIES AND SEPARATE AUTHORITIES IS OBVIOUS AND IT IS WORTHWHILE EXPLORING THE POSSIBILITY OF ADOPTING A FORMULA BASED ON THE PSYCHOTROPIC SUBSTANCES CONVENTION.

4.

WE SHALL NEED AT SOME STAGE TO EXPLAIN TO THE CHINESE THE CONSEQUENCES FOR HONG KONG OF SUCH A PROPOSAL. WE SHARE YOUR VIEW THAT THIS SHOULD FIRST BE DONE INFORMALLY AND IN THE MARGINS

IF THE OF THE FORTHCOMING WORKING GROUP MEETING IN VIENNA. RESPONSE IN THE MARGINS IS GENERALLY POSITIVE, WE WOULD BE AGREEABLE TO THE UK DELEGATION SUBMITTING THE PROPOSED AMENDMENT FOR CONSIDERATION IN THE WORKING GROUP ITSELF. IT WOULD HOWEVER BE PREMATURE TO RAISE THE QUESTION FORMALLY WITH THE CHINESE

BEFORE WE CAN MAKE A PRELIMINARY ASSESSMENT OF WHETHER THE PROPOSAL (WHICH WOULD BE IN GENERAL TERMS) IS LIKELY TO FIND ANY

FAVOUR WITH OTHER PARTIES.

5.

SUBJECT THEREFORE TO ANY FURTHER VIEWS YOU MAY HAVE DESKBY 260900Z, WE SHALL INSTRUCT THE UK DELEGATION ATTENDING THE WORKING GROUP TO EXPLORE THE PROPOSAL IN PARA 1 ABOVE WITH OTHER

DELEGATIONS IN THE MARGINS. WE SHALL ALSO INSTRUCT THE UK DELEGATION TO BRIEF THE CHINESE DELEGATION (INFORMALLY) ON THE BACKGROUND TO OUR PROPOSAL, MAKING THE POINT THAT ITS OVERALL

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