TNAG-1709-FCO40-2384-Hong-Kong-narcotics-offences-and-drug-trafficking-1988 — Page 142

· 2 -

as each treaty is different it is necessary for each treaty and Hong Kong's status in relation thereto to be considered separately.

We in Hong Kong feel strongly that since the draft Convention is dealing mainly with enforcement matters and as requests under the Convention for extradition and mutual enforcement assistance etc. can be expected, it is important that there should be clear and specific treaty based procedures on which Hong Kong could rely in seeking to implement the provisions of the Convention separately from the U.K. Specifically we feel that if Hong Kong were not given some form of separate status there could be considerable practical difficulty in relation to the following articles, both in the immediate future and after 1997 -

Article 2

Article 3

Article 4

In view of the fact that China and Hong Kong have very different legal systems, it would be difficult for Hong Kong to enforce this article after 1997. Specifically, paras. 5, 6 & 8 will present many problems;

This article provides for multi-lateral requests for assistance in freezing and seizing proceeds of illicit trafficking. If all these requests have to be made and entertained via UK (before 1997) or China (after 1997), considerable delays would result.

The same problem as artricle 3.

Article 5

-

The same problem as article 3.

Article 6

Article 7

Article 8 & 9

In addition to the problems of delay in making and entertaining requests, there is the question of the financial burden involved in this article. Paragraphs 2 and 3 would require the Parties to develop and implement training programmes. Without the authority to decide on what and how training programmes were to be implemented, Hong Kong would be put in the position of having to plan, finance and implement training porogrammes at the discretion of the State Party to the Convention and this, we feel, would be impractical and undesirable. In relation to paragraphs 4 & 7 there may be times when Hong Kong would find it difficult to comply with the requirements, given that it has different liaison contacts/arrangements and different conference needs from those of the

UK and China.

Controlled delivery is a highly sensitive, technical and intricate matter often requiring very rapid decisions. It would be unrealistic to expect Hong Kong to comme under the co- ordinating authority of UK or China.

Hong Kong enjoys a high degree of autonomy in the enforcement of the import and export licensing system under the 1961 and 1971 Conventions. If