TNAG-1921-FCO40-2726-Mutual-legal-assistance-between-the-UK-and-Hong-Kong-1989 — Page 70

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Mr Wo

wood,

HKD

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Reference....

Jolly 13/3 ce Mr Eduards, Legal

Adva

ERD

7

HONG KONG: MUTUAL LEGAL ASSISTANCE

1.

(6)

Please refer to Iain McLeod's minute of 1 March to

John White (copy attached). As Iain rightly points out, ERD are the lead department in the FCO on Mutual Legal Assistance.

2. We were slightly surprised to see that the Hong Kong Government is looking at a draft Mutual Legal Assistance Agreement with the United States. As you will know discussions between ourselves and the Hong Kong Government are underway on formulating an agreement to trace, freeze and confiscate the assets of drug traffickers. Further discussions will take place once Hong Kong has passed the necessary enabling legislation. The UK has already reached a similar agreement with the United States, and will be opening discussions with the Americans next month on a full scale Mutual Legal Assistance Treaty. The negotiations are expected to last for some time. (In any case we will not be able to ratify any agreement until Parliament has passed the necessary enabling legislation probably in the 1989-90 Session.)

3. I am told that the legislation situation in Hong Kong is broadly similar to that in the UK: especially the absence of primary legislation to allow wide ranging mutual legal assistance. It would be useful to know what the Hong Kong Government's thinking is about the evolution of mutual legal assistance policy and agreements. Do they intend to move on from drugs legislation to seek wider based MLA powers?

If so when? We would be interested to know. Once such powers are available, or at least in the legislative programme the negotiations of MLA arrangements would seem wise.But To open discussions with the United States on a full scale Mutual Assistance Treaty at this stage seems somewhat premature, desirable though it may be in the longer term. We shall be willing to discuss our own experience of negotiating a MLA with the Americans with the Hong Kong Government, and with other Commonwealth countries, at the meeting in London in June to discuss the evolution of the Commonwealth Scheme for Mutual Legal Assistance.

HKB 371/2

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6 March bhojiano r

989

M

Hali

J M Hawkins

Economic Relations Department WH 417

cc: Iain McLeod, Legal Advisers

270 2682

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