TNAG-1827-FCO40-2595-Mutual-legal-assistance-between-Hong-Kong-and-the-UK-and-USA-1988 — Page 55

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(30

053003

MDLIAN 2551

RESTRICTEDD

FM PEKING

TO PRIORITY FCO

TELNO 1228

OF 140744Z JULY 88

INFO PRIORITY HONG

(26)

HKD 371

REC

GISTRY

14 JUL 1988

FICER

PA

Lil Witk

TO

YOUR TELNO 1853 TO HONG KONG AND HONG KONG TELNO 104: UK-CHINA

JUDICIAL ASSISTANCE AGREEMENT.

1. MANY THANKS FOR THESE INSTRUCTIONS.

2. WHEN MISS BAILES CALLED ON HER ON 14 JULY. MME ZHANG HONG KONG OF

TREATY AND LAW DEPARTMENT BEGAN BY SAYING THAT THE CHINESE WOULD BE

VERY INTERESTED IN NEGOTIATIONG A JUDICIAL ASSISTANCE AGREEMENT WITH

THE UK. EXPERIENCE OF DOING SO WITH A COMMON LAW COUNTRY WOULD

USEFULLY COMPLEMENT THE AGREEMENTS ALREADY SIGNED WITH TWO CONTINENTAL COUNTRIES, FRANCE AND BELGIUM, AND ONE SOCIALIST COUNTRY, POLAND. THE CHINESE WOULD SUGGEST THAT WE STARTED WITH AN AGREEMENT LIMITED TO CIVIL AND COMMERCIAL COOPERATION, KEEPING OPEN THE POSSIBILITY OF AN AGREEMENT ON CRIMINAL MATTERS (POSSIBLY

INCLUDING EXTRADITION) WHEN THE TIME WAS RIPE. THEY WOULD BE HAPPY

IF THE UK SIDE WISHED TO TABLE A DRAFT ON THIS BASIS. FOR THE MOMENT, THE CHINESE THEMSELVES WOULD REGARD CRIMINAL ASPECTS AS

'TOO DIFFICULT BOTH BECAUSE OF COMPLICATIONS SUCH AS HONG

AND BECAUSE THEIR DOMESTIC LAW RELATING TO SUCH MATTERS AS

EXTRADITION WAS INCHOATE.

KONG

3. MISS BAILES THEN DEPLOYED THE SPEAKING NOTE IN YOUR TELNO 1853 TO

HONG KONG, POINTING OUT HOW CLOSELY OUR STARTING POSITION COINCIDED WITH THAT OF THE MFA. AFTER SOME DISCUSSSION, MME ZHANG AGREED IT WOULD MAKE SENSE TO START WITH AN EXPLORATORY MEMORANDUM FROM THE

BRITISH SIDE RATHER THAN RUSHING INTO AN EXCHANGE OF DRAFTS. THE MFA WOULD RATHER WAIT, HOWEVER, UNTIL THEY HAD SEEN OUR PAPER BEFORE COMMITTING THEMSELVES ON WHAT THE NEXT STAGE MIGHT BE: I.E. A COUNTER-MEMORANDUM, MORE EXPLORATORY TALKS, OR A DIRECT TRANSITION TO DRAFTING.

COMMENT

4. THE IRON WAS STRUCK WHILE IT WAS HOT AND THE ATMOSPHERE COULD NOT

HAVE BEEN MORE CORDIAL. WE ASSUME WORK ON THE UK MEMORANDUM WILL NOW

BE PUT IN HAND. IT WOULD BE HELPFUL TO HAVE SOME INDICATION OF WHEN

IT MIGHT BE READY FOR PASSING TO THE CHINESE.

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