TNAG-1921-FCO40-2726-Mutual-legal-assistance-between-the-UK-and-Hong-Kong-1989 — Page 101

U.S. DRAFT MLA TREATY:

Points Raised During Discussion with Mr C. Newall on

12.1.89

1. General Comments

i) First Bilateral Partner

Do we want the U.S. to be Hong Kong's first

bilateral partner? An alternative would be the

U.K. which, has said it, is prepared to do whatever

it can to accommodate Hong Kong's specific

concerns. In this connection U.K's dislike of the

U.S. draft model with its implications for drugs

trafficking proceeds is noted (para 5 of AGC memo

(16) in SD/POL/31/1III).

A bilateral with the U.K. should take less time to

conclude than one with the U.S. A preliminary agreement may soon be agreed upon and initialled,

with its entry into force withheld pending

necessary legislation.

ii)

Political Offence

It is Hong Kong's intention that MLA will not be

granted in respect for political offences. The

U.S. craft treaty presented to Hong Kong has not

provided for the exclusion of political cases.

However, the U.S. is likely to be flexible as it

has already concluded MLA treaties with Italy,

Turkey and some others which exclude political

cases.