TNAG-1921-FCO40-2726-Mutual-legal-assistance-between-the-UK-and-Hong-Kong-1989 — Page 29

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HONG KONG: MUTUAL LEGAL ASSISTANCE

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(17

1.

Your minute of 17 May refers.

I agree that the draft ExCo paper on Mutual Legal Assistance (MLA) is along the right lines.

2.

3. You asked specifically about annex b - grounds for refusal of assistance. It is fairly normal in MLA arrangements to include grounds for refusal related to political offences (point c), public interest (e) and double criminality (a). number of countries also like to include a grounds for refusal linked to racial/religious discrimination (d). We are unlikely ourselves to want to push for one but I see no problem in Hong Kong doing so.

4. I have not myself come across the inclusion of a grounds of refusal linked specifically to the death penalty in any MLA arrangement (b). This strikes me as being more appropriate to the extradition field. The inclusion of such a provision is bound to limit the help Hong Kong will be able to give many of its neighbours not least in the drugs field. However, I would think that this is a decision for Hong Kong themselves to make.

5. Two general points occur to me, both of which we have already made to the Hong Kong authorities:

(i) it would be useful to have some idea of the timetable

Hong Kong has in mind for introducing full scale MLA legislation (paragraph 6 of our telno 990).

(ii) we are very keen to conclude a bilateral agreement

with Hong Kong on the tracing, freezing, confiscation of the assets of drug traffickers as soon as Hong Kong's drug trafficking (recovery of proceeds) ordinance comes into force and are still waiting for Hong Kong's draft of a possible agreement (paragraph 2 of our telno 990).