TNAG-1921-FCO40-2726-Mutual-legal-assistance-between-the-UK-and-Hong-Kong-1989 — Page 19

BY FA X

191

01-270 3058

Foreign and Commonwealth Office

London SW1A 2AH

16 June 1989

Your Ref: ADM/107/12 III

J M Hunter Esq

Senior Crown Counsel

Attorney General's Chambers 4/F High Block

Queensway Government Offices

66 Queensway

Hong Kong

HKB 371/2

Saw

Mr Hunter,

MEETING OF SENIOR OFFICIALS FROM LAW MINISTRIES LONDON 19-23 JUNE 1989

Thank you for your letter of 14 June which reached me only yesterday, despite its having been faxed. The answers to your three questions are as follows:

(a) Yes. A Mutual Legal Assistance Bill, designed

(b)

(c)

with both the Commonwealth Scheme and the European Convention on Mutual Legal Assistance in mind, is being drafted and will be introduced during the next session of parliament.

No.

Although the Criminal Justice Act 1988 provides for the confiscation of the proceeds of crime, the provisions are not as extensive as for drug trafficking (see Part VI of the Act). Similar powers to those in the Drug Trafficking Offences Act are being taken in respect of terrorist offences.

The UK does intend to become a party to the Commonwealth Scheme on the transfer of convicted offenders. We consider that the Commonwealth Scheme is an "international arrangement" within the meaning of the Repatriation of Prisoners Act, and that therefore there is no need to introduce new legislation in the UK. In particular, section 8(1) of the Act seems to confirm this view.

I understand from the Consular Department of the FCO that Hong Kong is not interested in having the Commonwealth Scheme extended to it; if I may say so, it seems to me that that view is correct. The Scheme is one that applies only to Commonwealth members, and of course after 1997 Hong Kong will no longer be a part of the Commonwealth. In these circumstances, it may be that it would be more appropriate for the UK to grant an entrustment to Hong Kong to negotiate bilateral prisoner repatriation agreements as it sees fit, following the usual consultation with the Chinese when that again becomes possible.

+

/In case