TNAG-1710-FCO40-2386-Royal-visits-from-the-UK-to-Hong-Kong-1987 — Page 161

布政司署 禁毒處

香港金鐘道六十六號

金鐘道政府合署高座廿三樓

(by speed post

NARCOTICS DIVISION GOVERNMENT SECRETARIAT QUEENSWAY GOVERNMENT OFFICES, HIGH BLOCK, 23RD FLOOR,

66 QUEENSWAY,

HONG KONG

本處檔號 Our Ret.

NCR 10/1/10 III

來凼檔號 Your Ref..

DDA/87 1/118/72

17 September 1987

Telephone.

5-295027

cc

HKD

4-1.2

21/9 Musche

Mr. N.A. Nagler,

Drugs Branch,

Home Office,

Queen Anne's Gate,

London SW1H 9AT England.

Den Neville,

NCO 253111

RECEIVED CEREGISTRY

2 1 SEP 1987

PA

vir

Draft U.N. Convention on Illicit Drug Trafficking

Thank you for your copy of letter dated 12 August to Jim Poston. I confirm that I will take part in the Expert Group when it reconvenes on 5 October. I look forward to meeting Bob Cook again then. In the meantime, I have the following comments.

Article 1(j) and Article 3

2.

I suggest that the definition of "laundering" in Article 1(j) is too vague.

am advised by our Legal Department that what we really need is a "handling" concept. Thus the article should be aimed at any one who knowingly "undertakes or assists in the retention, removal, disposal or realisation of proceeds".

Article 3(3)(a)(i) expresses this notion.

Article 4 Extradition

3.

-

I would like to put down a marker on Article 4(5)(a) (which refers to "nationals") and Article 4(5) (c) (which abolishes political grounds as a bar to extradition) as they are likely to pose problems for Hong Kong post 1997. In view of the intention of HMG to enact the Criminal Justice Bill, Hong Kong and the U.K. may be going in separate directions in the field of extradition. We are concerned bout the apparent acceptance of something less than the prima facie rule in Article 4(8). Similarly, we may have difficul tes with Articles 4(6) and (7). Please see my comments on Ex..

Territorial Jurisdiction from paragraph 13 et seq.