TNAG-1921-FCO40-2726-Mutual-legal-assistance-between-the-UK-and-Hong-Kong-1989 — Page 39

CODE 18-77

WAYALL

CONFIDENTIAL

FILE

Reference..

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Mr Hawkins, ERD

HONG KONG • MUTUAL LEGAL ASSISTANCE

1.

As you know, the Hong Kong Government have for some time been considering how to handle the question of negotiating Mutual Legal Assistance Treaties. They have now prepared a draft paper in order to consult the Executive Council (ExCo) in Hong Kong. I enclose copies of:

2.

(a) Hong Kong telno 1525; and

(b) the draft ExCo paper.

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The paper seems to me to be very much on the right lines, as you will see from all the marginal ticks! I have also marked in one or two small drafting changes. The only area on which I have doubts is Annex B: "Grounds for refusing assistance". These areas are clearly based on Hong Kong's preferred practice in the extradition field. But are they also appropriate in terms of MLA?

3.

I should be grateful for your comments on the paper, and those of copy addressees. You will see that the Hong Kong Government would like to consult ExCo on 30 May. In practice that means we would need to revert to Hong Kong by about 25 May. However, you will also note that Hong Kong describe their own deadline as "not critical". Better to get this right rather than hastily!

л

Please let me know if I should be seeking the views of anyone else, either within or outside the FCO.

4.

HKB 371/2

18 MAY 1989

C Wood

HA

Hong Kong Department WH 304 270 2655

17 May 1989

CC:

Mr Edwards, Legal Advisers - comments written in

Mr MacLeod, Legal Advisers

CONFIDENTIAL