TNAG-1827-FCO40-2595-Mutual-legal-assistance-between-Hong-Kong-and-the-UK-and-USA-1988 — Page 10

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THE PROCEEDS OF DRUGS TRAFFICKING. THIS IS BASED ON THE UK DRUGS

TRAFFICKING OFFENCES ACT 1986. WE ANTICIPATE THAT WE SHALL MIRROR

THE SCHEME OF THE UK LEGISLATION WHICH PERMITS THE REGISTRATION AND

ENFORCEMENT OF FOREIGN CONFISCATION ORDERS. A HK/UK NEGOTIATION

AS TO THE CONTENTS OF AN AGREEMENT FOR SUCH CO-OPERATION WILL BE

NECESSARY. WE ENVISAGE THAT THE LEGISLATION WOULD PROVIDE FOR THE

GOVERNOR IN COUNCIL TO DESIGNATE ANY JURISDICTION HE WAS SATISFIED

OFFERED RECIPROCITY RECIPROCAL ENFORCEMENT OF CONFISCATION ORDERS

RELATED TO THE PROCEEDS OF DRUGS TRAFFICKING IS OF COURSE ONLY ONE

CORNER OF THE GENERAL SUBJECT OF MLA THOUGH IT DOES SEEM THAT IT IS

THIS AREA WHICH IS THE LEADING EDGE OF ACTIVITY ON THE SUBJECT.

ARRANGEMENTS FOR MUTUAL LEGAL ASSISTANCE WOULD OF COURSE BE BENEFICIAL ACROSS THE WHOLE RANGE OF CRIMINAL OFFENCES. AT PRESENT

ASSISTANCE IS ONLY PROVIDED ON AN AD HOC BASIS WITH NO OBLIGATION

ON THE REQUESTED COUNTRY TO PROVIDE ASSISTANCE. OUR LAWYERS

BELIEVE THAT MUTUAL LEGAL ASSISTANCE AGREEMENTS ARE NECESSARY TO

ENSURE THAT ASSISTANCE IS IN FACT GRANTED.

5.

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WE ARE THEREFORE LOOKING MORE POSITIVELY AT A SEPARATE AMERICAN

REQUEST, THAT WE NEGOTIATE AN MLA AGREEMENT WITH THEM. WE KNOW THAT ANY SUCH AGREEMENT WOULD CREATE IROS AND WOULD HAVE TO BE PUT THROUGH

THE JLG. THE DIFFERENCE IS THAT THE VIEW OF THE ATTORNEY GENERAL'S

CHAMBERS IS THAT HK STANDS TO BENEFIT SIGNIFICANTLY FROM MLA AGREEMENTS, AND THAT THE RECIPROCAL BURDEN PLACED UPON US WOULD BE WORTH IT.

6.

WE ARE THEREFORE PROCEEDING WITH THE PREPARATION OF AN EXCO PAPER

WHICH WILL CANVASS THE POSSIBLITY OF ADVANCING CONSIDERATION OF

MUTUAL LEGAL ASSISTANCE AGREEMENTS, IN PARTICULAR BY DISCUSSING THE IDEA WITH THE CHINESE. WE HAD HELD OFF FOR SOME TIME WHILE THE

TALKS ON EXTRADITION PROCEEDED BECAUSE THERE ARE OBVIOUS PARALLELS

AND WE WISHED TO SEE HOW EXTRADITION CAME OUT. ALTHOUGH THERE MAY

BE SOME DIFFICULT AREAS IN MLA FOR US VIS-A-VIS CHINA, THE LAWYERS HERE THINK THAT THEY WILL NOT BE AS SERIOUS AS THOSE WE HAVE HAD WITH

EXTRADITION AND MAY YET ENCOUNTER WITH RENDITION. NOTABLY WE WOULD

ON THE WHOLE BE HAPPY TO CONTEMPLATE A MUTUAL LEGAL ASSISTANCE

AGREEMENT WITH CHINA. THIS SHOULD MAKE IT EASIER TO DISCUSS WITH

THE CHINESE MUTUAL LEGAL ASSISTANCE AGREEMENTS WITH THIRD PARTIES.

7. WE ARE AWARE THAT THE UK IS ALSO ADDRESSING THE QUESTION OF

LEGISLATION ON MUTUAL LEGAL ASSISTANCE. ONCE THAT IS IN PLACE AND IF

HONG KONG HAS SIMILAR LEGISLATION UK/HK CO-OPERATION WILL BE

POSSIBLE. IT IS DOUBTFUL THAT HK WOULD WISH TO PARTICIPATE IN THE

COMMONWEALTH SCHEME AS THE BASIS FOR UK/HK ARRANGEMENTS AS THESE

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