TNAG-2165-FCO40-3100-Agreements-between-Hong-Kong-and-third-countries-regarding-d-1990 — Page 140

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COMMENT:

HKC385

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4- JUL 1990

STRY

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on Taken

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CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 1610

OF 171000Z MAY 30

INFO PRIORITY PEKING. UKREP JLG HONG KONG

OUR TELNOS 1420 AND 1453 AND YOUR TELNO 916 • DRUG TRAFFICKING

(RECOVERY OF PROCEEDS) ORDINANCE 1989 DESIGNATION OF CANADA

1.

THANK YOU FOR YOUR ADVICE IN 3RD TUR ON REASONS FOR THE SUGGESTION IN PARA 2(II) OF YOUR TELNO 2568 THAT WE NEED TO INCLUDE DEFINITIONS OF PROPERTY AND PROCEEDS IN OUR AGREEMENT. ON THE INITIALLED TEXT (PAXED TO YOU UNDER 2ND TUR) YOU WILL SEE THAT WE HAVE NOW EXCLUDED THE DEFINITION OF PROPERTY BUT INCLUDED AN EXPANDED DEFINITION OF PROCEEDS AS FOLLOWS :

''PROCEEDS MEANS ANY PROPERTY OR THE VALUE OF ANY PROPERTY, BENEFIT OR ADVANTAGE THAT IS DERIVED OR REALISED. DIRECTLY OR INDIRECTLY BY

ANY PERSON FOR DRUG TRAFFICKING.”’

WE BELIEVE THIS EXPANDED DEFINITION TO BE SUFFICIENT FOR THE PURPOSES OF OUR LEGISLATION AND THAT OF THE CANADIANS.

3. AS REGARDS ENTRUSTMENT, WE SHALL WELCOME YOUR VIEWS ON AN ENTRUSTMENT IN THE FOLLOWING TERMS

I HAVE THE HONOUR TO REFER TO THE INITIALLED TEXT OF AN AGREEMENT NEGOTIATED BETWEEN THE REPRESENTATIVES OF THE GOVERNMENT OF HONG KONG AND THE GOVERNMENT OF CANADA. CONCERNING THE

INVESTIGATION OF DRUG TRAFFICKING AND CONFISCATION OF THE PROCEEDS OF DRUS TRAFFICKING. WHICH THE BOVERNMENT OF HONG KONG WISHES TO

CONCLUDE.

2) THE UNITED KINGDOM GOVERNMENT HEREBY FORMALLY ENTRUSTS YOU WITH AUTHORITYY TO CONDUCT EXTERNAL RELATIONS ON BEHALF OF HONG KONG AS FOLLOWS, NAMELY TO NEGOTIATE. CONCLUDE AND IMPLEMENT AGREEMENTS WITH ANY STATE OR TERRITORY IN THE FIELD OF RECIPROCAL JURIDICAL

ASSISTANCE IN RESPECT OF COOPERATION IN THE INVESTIGATION AND RECOVERY OF PROCEEDS OF DRUG TRAFFICKING.

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PREVIOUS EXCHANGES HAVE UNDERLINED OUR PREFERENCE TO OBTAIN ENTRUSTMENTS FOR A CLASS OF AGREEMENT TO ESTABLISH AND MAINTAIN PROCEDURES ADVANTAGEOUS FOR POST-1997. (K.K. TELNOS 141 AND 188 OF

1988) IN THE FIELD OF MUTUAL LEGAL ASSISTANCE AND EXTRADITION PRELIMINARY AGREEMENT WAS RECORDED IN PARA 2 OF YOUR TELNO 120 OF 1988. HOWEVER. WE SUGGEST THAT THE ENTRUSTMENT BE CONFINED TO DRUG TRAFFICKING COOPERATION AT THIS STAGE AS A REFERENCE TO EXTRADITION AND WIDER RECIPROCAL JURIDICAL ASSISTANCE WOULD BE PREMATURE.

5. WE EXPECT TO BEGIN NEGOTIATIONS WITH THE AMERICANS ON THE BASIS OF OUR DRAFT MODEL AGREEMENT ON 4 JUNE 1990 IN WASHINGTON.

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