TNAG-1827-FCO40-2595-Mutual-legal-assistance-between-Hong-Kong-and-the-UK-and-USA-1988 — Page 17

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TOMALR

Mr Edwards

Legal Advisers

K199

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Reference

нко HKCD 3711

REC

- 8 SEP 1988

40

HONG KONG: MUTUAL LEGAL ASSISTANCE

ERD have for some time been corresponding with Hong Kong's Commissioner for Narcotics about the possibility of mutual

1.

assistance between the UK and Hong Kong in the area of confiscation of drug traffickers' assets. Hong Kong are planning to introduce legislation which would enable confiscation in Hong Kong.

2. ERD are holding discussions with a number of countries on the basis of a model agreement (copy attached) * I have been advised, in the context of air services, that it is not possible to conlcude a "true" ASA between Hong Kong and the UK, (ie in the form of an international treaty), given that both are part of the same entity. I assume that the same would apply in the present case, and that the attached be grateful for your views.

3. Incidentally, the Hong Kong Government are currently engaged in a general review of the area of mutual legal assistance, and of the steps they might wish to take as 1997 approaches. I shall keep you informed of developments.

6 September 1988

CC:

Narcotics file

* FLO and H.O. officials will be

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C T Wood

Hong Kong Department WH304

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