TNAG-1709-FCO40-2384-Hong-Kong-narcotics-offences-and-drug-trafficking-1988 — Page 175

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Under this formulation the UK could declare that "its territory" (i.e. UK and dependencies) is divided into the UK mainland and each of its colonies, or into UK-plus-other-colonies on the one hand and Hong Kong on the other. Hong Kong would then become a "region" and under Article 1 would be treated as a separate entity of the purposes of the Convention.

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The Articles of the 1971 Convention where declaring Hong Kong to be a region would be relevant are

Article 3.3

Article 7(£)

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exemption of a preparation from measures of control;

authorisation of export and

import of substances in Schedule I;

Article 12.1(c), (d) and (e) - issuing of export authorisations

for a Schedule I substance;

Article 12.2(b), (c) and (d) - ancillary to 12.1(c);

Article 12.3(f) and (h)

Article 13

Article 16.4(a)

Article 16.5

- measures to prevent diversion

of consignments;

prohibition of import of substances in Schedules II, III or IV;

- statistics on Schedule I and

II substances;

statistics on Schedule III and IV substances;

(Note The statistics will relate to a region but are to be provided by the Party.)

Article 19.1

Article 19.2

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responsibility for failure

to carry out provisions of the Convention;

a Party may ban the export and import of substances to a region.

It is for you in consultation with other enforcement agencies in HK to decide whether it would be useful for HK to be declared a region for purposes of those provisions. They do not go as far as we are proposing for the Convention on Illicit Trafficking, since they do not refer to the laws of a region, the extradition provisions of a region, cooperation between regions etc. But if they are useful provisions in their own right they may also be useful pointers for other treaties.

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