TNAG-1996-FCO40-2843-Hong-Kong-Drug-Trafficking-(Recovery-of-Proceeds)-Ordinance--1991 — Page 67

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(78)

155170

MDLOAN 0517

Ако 3852 раз 3857 ve

RECEIVED IN REGISTRY

23 JAN 1990

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FM FCO

TO PRIORITY HONG KONG

TELNO 2568

OF 29123OZ DECEMBER 89

DESK OFFICER

REGISTRY

INDEX

PA

Action Taken

INFO PRIORITY PEKING, UKREP JLG HONG KONG

?

73

YOUR TELNOS 4214 AND 4097: DESIGNATION UNDER THE DRUG TRAFFICKING

(RECOVERY OF PROCEEDS) ORDINANCE 1989

1.

WE HAVE NOW RECEIVED COMMENTS FROM THE HOME OFFICE ON YOUR DRAFT MODEL CONFISCATION AGREEMENT (PARA 2 OF YOUR TELNO 4214). THEIR MAIN CONCERN IS THAT YOUR DRAFT IS BASED ON OUR MODEL AGREEMENT OF ABOUT A YEAR AGO. OUR NEW MODEL HAS BEEN REVISED AND IMPROVED IN A NUMBER OF PLACES IN THE LIGHT OF NEGOTIATIONS WE HAVE HELD OVER THE PAST 12 MONTHS. YOU MAY, THEREFORE, WANT TO LOOK CLOSELY AT OUR NEW MODEL CALREADY FAXED TO WEEKS) BEFORE FINALISING YOUR DRAFT.

2.

THE HOME OFFICE'S QETAILED COMMENTS, MOST OF WHICH REFLECT REVISIONS INCLUDED IN THE NEW MODEL, ARE AS FOLLOWS:

(I) ARTICLE 1: WE NO LONGER THINK IT NECESSARY TO INCLUDE REFERENCES TO SUBJECT TO THE LAWS OF THE REQUESTED PARTY IN THE SCOPE ARTICLE OR IN THE ARTICLE ON CONFISCATION. WE CONSIDER A SINGLE REFERENCE IN THE ARTICLE ON EXECUTION OF REQUESTS

TO BE ADEQUATE.

(II) ARTICLE 2: YOU WILL NEED TO INCLUDE DEFINITIONS OF THE INSTITUTION OF PROCEEDINGS, PROPERTY, PROCEEDS AND DRUG TRAFFICKING.

(III) ARTICLE 4: WE HAVE NOT INCLUDED A GENERAL CONTENTS OF REQUESTS ARTICLE IN OUR NEW MODEL INSTEAD WE HAVE SPLIT UP THE REQUIREMENTS BETWEEN THE ARTICLES ON INVESTIGATION, RESTRAINT, AND CONFISCATION AS DIFFERENT INFORMATION AND ACTIONS ARE

REQUIRED AT EACH OF THE THREE STAGES.

(IV) ARTICLE 5: WE HAVE NOT FOUND IT NECESSARY TO INCLUDE AN ARTICLE ALONG THE LINES OF YOUR ARTICLE 5(5). YOU MAY THINK IT

BEST TO COVER THE PROVISION OF DOCUMENTS IN AN ARTICLE ON INFORMATION AND EVIDENCE (ARTICLE 5 OF OUR NEW MODEL).

1

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