TNAG-1996-FCO40-2843-Hong-Kong-Drug-Trafficking-(Recovery-of-Proceeds)-Ordinance--1991 — Page 120

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

64

035700

MDHOAN 8374

нко 385/2

percen

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 2357

OF 241715Z NOVEMBER 89

INFO PRIORITY PEKING, UKREP JLG HONG KONG

FROM ERD

YOUR TELNO 3885: DRUG TRAFFICKING (RECOVERY OF PROCEEDS) ORDINANCE 1989: DESIGNATION OF US

1. WE HAVE LOOKED AT YOUR DRAFT MODEL AGREEMENT CONCERNING THE

INVESTIGATION OF DRUG TRAFFICKING AND CONFISCATION OF THE

PROCEEDS OF DRUG TRAFFICKING. WE HAVE NO PARTICULAR COMMENTS ON THE TEXT, WHICH IS CLOSE TO OUR OWN MODEL AGREEMENT, ALTHOUGH WE DOUBT WHETHER IT IS NECESSARY TO INCLUDE A GROUNDS FOR REFUSAL FOR CASES WHERE THE OFFENCE UNDER INVESTIGATION CARRIES THE DEATH PENALTY. THIS SORT OF PROVISION IS SOMETIMES FOUND IN EXTRADITION TREATIES BUT IS NOT NORMALLY INCLUDED IN MUTUAL LEGAL

ASSSISTANCE ARRANGEMENTS (FCO TELNO 1124 REFERS).

2.

WE HAVE ASKED THE CONFISCATION EXPERTS IN THE HOME OFFICE TO HAVE A LOOK AT YOUR DRAFT AND WE WILL FORWARD ANY COMMENTS THEY HAVE TO YOU. WE WILL ALSO FAX TO WEEKS A COPY OF OUR LATEST MODEL CONFISCATION AGREEMENT WHICH YOU MAY FIND USEFUL.

HONG KONG DEPARTMENT ARE CONSIDERING THE APPROACH OUTLINED IN YOUR TELNO 3795 AND WILL COMMENT AS SOON AS POSSIBLE ON IT.

3.

HURD

YYYY

ΜΑΙΝ

28

MINIMAL

ERD

HKD

DISTRIBUTION

30

NCAD

LEGAL ADVISERS

PAGE 1 CONFIDENTIAL

Page 120Page 121

3

ADDITIONAL

2

MR VALLANCE, C7 HOME OFFICE

MRS JONES, HOME OFFICE (LEGAL ADVISERS)

N N N N

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