TNAG-1921-FCO40-2726-Mutual-legal-assistance-between-the-UK-and-Hong-Kong-1989 — Page 74

HKB 371/2 CONFIDENTIAL

RECEIVED

CONFIDENTIAL

FM HONG

aux

03 MAR 1989

1.

c

Mc Edwards, Legal Advisers.

f

Feldmü r

TO TELELETTER Fool

TELELETTER NFR

OF 15020OZ FEBRUARY 89

FROM:

FOLLOWING FOR:

2 Mr Payed 1/2

Miss Marsiery~!~

Mr Ciries 27/2

Mise

Mr Cannar 21/2

3. Ente by 27/ü pl.

S E BRADLEY, DEPUTY POLITICAL ADVISER CT WOOD ESQ, HONG KONG DEPARTMENT, FCO

it

112737

MDTTAN 2404

MUTUAL LEGAL ASSISTANCE

2

4.

Kn

PL x Mr White, ERD 2. By. again

PLEASE REFER TO YOUR TELELETTER OF 25 JANUARY.

and week 3

2. AS YOU HAVE OBVIOUSLY NOTICED, CONSIDERATION OF THIS ISSUE HAS NOT EXACTLY MOVED AT A LIGHTNING PACE SINCE I WROTE TO YOU. THERE

HAVE HOWEVER BEEN A NUMBER OF DEVELOPMENTS. IN PARTICULAR WE HAVE

BEEN APPROACHED BY THE US CONSULATE GENERAL WHO HAVE GIVEN US A

DRAFT TEXT OF A PROPOSED MLA TREATY. A COPY FOLLOWS BY BAG FOR YOUR

INFORMATION.

3 DRAF

3. WE EXPLAINED TO THEM HONG KONG'S CONSTITUTIONAL DIFFICULTIES WITH

NEGOTIATING TREATIES, AND REFERRED TO THE FACT THAT OUR POSITION VIS-A-VIS CHINA MEANT WE WOULD HAVE TO CONSIDER THE MATTER VERY CAREFULLY. WE ARE CURRENTLY REVISING AN EXCO SUBMISSION WHICH WE HAD

BEEN PREPARING BEFORE THE AMERICAN APPROACH WHICH SETS OUT GENERAL

THOUGHTS ON OUR APPROACH TOWARDS MLA AND A STRATEGY FOR HANDLING THE

MATTER WITH THE CHINESE.

4. FOR YOUR INFORMATION, WE SEE CONSIDERABLE ADVANTAGE IN HAVING MLA AGREEMENTS WITH CERTAIN COUNTRIES BUT AS WITH EXTRADITION, WE MUST WATCH FOR ANY PRECEDENTS THAT MIGHT BE CREATED FOR FUTURE RELATIONS

BETWEEN THE SARG AND CHINA. SOME ARTICLES IN THE DRAFT US TREATY

CAUSE US CONCERN. MOREOVER, FROM THE EXPERIENCE OF THE UK TEAM WHO NEGOTIAGED THE CAYMAN ISLANDS/USA DRUG RELATED MLA, WE KNOW THE AMERICANS ARE LIKELY TO BE DEMANDING NEGOTIATING PARTNERS. OUR

INCLINATION THEREFORE IS TO OPEN NEGOTIATIONS FIRST WITH OTHER STATES

E.G. AUSTRALIA OR THE UK. IN MANY WAYS THE UK WOULD BE IDEAL, ALTHOUGH WE WOULD PRESUMABLY HAVE TO DISCUSS A LETTER OF UNDERSTAND-

ING WHICH COULD BE CONVERTED INTO AN AGREEMENT AFTER 1997.

5. OUR DRAFT EXCO MEMO SHOULD BE READY SHORTLY. I WILL SEE THAT YOU

ARE SENT A COPY.

1

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