TNAG-1710-FCO40-2386-Royal-visits-from-the-UK-to-Hong-Kong-1987 — Page 23

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

144.

The Group agreed that the provision of subparagraph 2(d) of article 13, which was not retained in the agreed formulation of that article, should be inserted as a new subparagraph 2(g), to read as follows: "(g) Control techniques in free trade zones and free ports". The Group also agreed to transfer to paragraph 2 an item originally found in paragraph 3, in a revised form to read as follows: "Modern law enforcement techniques".

145. It was suggested that the training programmes referred to in paragraph 3 should encompass the same topics as those mentioned in paragraph 2 and that the reference to the use of conferences and seminars to stimulate co-operation, as envisaged in paragraph 7 should be incorporated in paragraph 3. Paragraph 3 was reformulated accordingly.

text of paragraph 4 as redrafted by the

146. The Group considered the Commission on Narcotic Drugs. It was agreed to replace the words "respective law enforcement agencies" by "competent national agencies and services", in conformity with paragraph 1.

147.

To emphasize that the posting of liaison officers would not be mandatory, it was decided to indicate that States would consider this form of co-operation only where appropriate. It was also agreed to indicate that the appointment of drug liaison officers would be made on the basis of agreements or arrangements, as the Parties deemed appropriate.

148. The Group agreed to a proposal to add the words "and able to do so" at the end of paragraph 5.

149.

The Group agreed to delete paragraph 6 as it was not considered necessary to have this type of provision in an international instrument.

150. One representative proposed the insertion of an additional paragraph to stress that operations by the law enforcement personnel of one Party in the territory of another Party should not be conducted without the explicit consent of the Party on whose territory such operations take place.

151. While the concept expressed was shared by several representatives, the proposed formulation raised some objections. The Group accordingly invited interested experts to work out, through informal consultations, a generally acceptable text.

152.

Following its reformulation, the proposed text received the general support of the Group which also endorsed the decision for its insertion in the article as a new subparagraph 1(c).

153.

One representative indicated that the proposed subparagraph would not be acceptable unless a safeguard clause was introduced stipulating that the operations would be undertaken only if they were not contrary to national law.

154. The Group approved the text as amended to take this concern into account. One representative expressed reservations regarding the content of subparagraph 1(c) as a whole. Another representative expressed reservations as to the content of subparagraph 1(c), on the grounds that the joint teams and the conduct of their operations should be based solely on the arrangements concluded between the Parties concerned.

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