TNAG-1710-FCO40-2386-Royal-visits-from-the-UK-to-Hong-Kong-1987 — Page 40

163.

E/CN.7/1988/2 (Part II) page 25

The provisions of paragraph 5 were considered to be complicated, rather confusing, too specific, and unadvisably binding. The clause concerning suspension of prosecution could give rise to difficulties because concurrent jurisdictions are involved and because of the principle of mandatory prosecution. One representative expressed the view of his Government that controlled delivery should not prejudice the right of the country of origin or of any transit State to prosecute. In the end, it was felt, however, that some reference to the problem of jurisdiction would be appropriate in the article with the understanding that it would be dealt with by the Parties in the agreements or arrangements worked out between them. It was therefore agreed to include this consideration at the end of new paragraph 2.

Article 8

First session

164. Several representatives expressed support for the inclusion of measures concerning the monitoring or control of specific chemicals used in the illicit processing or manufacture of narcotic drugs or psychotropic substances. The monitoring of shipments of precursor substances produced in industrialized countries was said to be of particular importance for certain developing countries to assist them in their fight against the illicit manufacture of narcotic drugs or psychotropic substances. One representative drew attention to the two main constituent elements of manufacture, namely drugs and essential chemicals; he stated that in view of the stringent controls on drugs provided for under the Single Convention it was necessary and only fair that equally stringent controls should be established, when possible, on essential chemicals.

165. It was stressed, however, that control measures such as those envisaged in article 8 should take into account the fact that many precursors and essential chemicals had legitimate uses in the manufacture of a wide range of products and that their lawful trade should not be hindered.

166.

It was also pointed out that the acceptance of a particular control system would depend on what substances would be submitted to such a control. It was therefore essential to establish criteria to identify the substances to which the provisions of the article would apply. In that connection it was suggested that if the control measures were to be effective, the number of substances to be covered should be limited to those precursors and basic chemicals used mainly in the illicit manufacture of narcotic drugs and psychotropic substances.

167.

One representative drew attention to the alternative text for the whole article proposed by his Government in paragraph 678 of the working document.

168.

It was decided that the discussion of the article as a whole would continue through consultations among interested experts with a view to arriving at a revised draft that would be acceptable for all.

169. The consultations were conducted among representatives who supported the drafting of an article on the subject, with the participation as well of representatives who were not in favour of including such an article. The results of those consultations were submitted to the Group in the form of a draft text reflecting the common understandings.