TNAG-1921-FCO40-2726-Mutual-legal-assistance-between-the-UK-and-Hong-Kong-1989 — Page 27

CONFIDENTIAL

125423

MDLOAN 76

3.

(II)

CRIMINALITY IN ALL CASES, ESPECIALLY WHERE DRUG TRAFFICKING OFFENCES ARE INVOLVED. WHILE THE RULE IS IMPORTANT FOR EXTRADITION, IT IS LESS SO HERE. IT MIGHT BE BETTER TO MAKE DOUBLE CRIMINALITY AN OPTIONAL GROUND FOR REFUSING ASSISTANCE: AND

WE ARE NOT CONVINCED OF THE NEED TO MAKE PROVISION FOR REFUSING ASSISTANCE IN CASES INVOLVING THE DEATH PENALTY, SINCE AGAIN THERE ARE CLEAR DISTINCTIONS BETWEEN EXTRADITION AND MLA. IF YOU PRESS THIS POINT TOO HARD, POTENTIAL MLA PARTNERS MIGHT BE LESS INTERESTED. IT FOLLOWS THAT WE WOULD PREFER TO DELETE QUOTE AND IS CONSISTENT

EXTRADITION UNQUOTE FROM

FOOTNOTE 1.

WE SHOULD BE INTERESTED TO KNOW THE TIMETABLE YOU ENVISAGE FOR TACKLING THIS ISSUE. DO YOU INTEND TO PASS A PAPER TO THE CHINESE BEFORE JLG XIII IN JULY? HOW SOON AFTER SECURING CHINESE ACQUIESCENCE WOULD YOU EXPECT TO BE ABLE TO INTRODUCE THE NECESSARY PRIMARY LEGISLATION?

4.

WE ALSO LOOK FORWARD TO RECEIVING COPIES OF YOUR DRUG TRAFFICKING ORDINANCE AND A DRAFT UK/HONG KONG ARRANGEMENT (PARA 2 OF OUR TELNO 990).

5.

WE ARE SENDING BY BAG TO SALKELD (SECURITY BRANCH) A COPY OF

A HOME OFFICE WORKING PAPER ON MLA, DATED FEBRUARY 1988, WHICH YOU MAY FIND USEFUL IF YOU HAVE NOT ALREADY SEEN IT.

HOWE

YYYY

DISTRIBUTION

58

ΜΑΙΝ

54

.HONG KONG AGREEMENT

. (RESTRICTED)

LIMITED

HKD

ERD

HD/FED

RESEARCH (FE)

PUSD

PS/LORD GLENARTHUR

PS/MR EGGAR

MR GILLMORE MR MCLAREN

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CONFIDENTIAL