TNAG-2165-FCO40-3100-Agreements-between-Hong-Kong-and-third-countries-regarding-d-1990 — Page 142

CONFIDENTIAL

TO DESKBY 05013OZ HONG KONG

FM FCO

TELNO 916

OF 04153OZ MAY 90

CONFIDENTIAL

HKB 385/

064414

MDHOAN 82020

CCEIVE

AY 1990

perde

YOUR TELNO 1420 OF 2 MAY: DESIGNATION UNDER THE DRUG TRAFFICKING (RECOVERY OF PROCEEDS) ORDINANCE 1989

STRICTLY PERSONAL FOR COMMISSIONER FOR NARCOTICS

1.

THE AGREEMENT BETWEEN THE UK AND CANADA ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS (DRUG TRAFFICKING) INCLUDES DEFINITIONS OF PROPERTY AND PROCEEDS WHICH ARE IDENTICAL TO THE DEFINITIONS IN YOUR MODEL AGREEMENT. THESE DEFINITIONS CONFORM TO THOSE IN UN CONVENTION AGAINST ILLICIT TRAFFICKING IN NARCOTIC DRUGS AND

PSYCHOTROPIC SUBSTANCES.

2.

WE HAVE ALWAYS FOUND IT NECESSARY TO INCLUDE THESE DEFINITIONS IN OUR AGREEMENTS (PROCEEDS PROVIDES FOR BOTH

PROPERTY AND VALUE CONFISCATION): THE ORDINARY MEANING OF PROCEEDS IS LIKELY TO EXCLUDE OUR SYSTEM OF VALUE CONFISCATION

AND A DIFFERENT DEFINITION OF PROPERTY ENSURES THAT ALL LEGAL EQUITABLE INTERESTS ARE COVERED, NOT JUST PHYSICAL PROPERTY. 3. IN THE NEW CRIMINAL JUSTICE (INTERNATIONAL COOPERATION) ACT 199U PROVISION IS MADE FOR ENFORCEMENT OF OVERSEAS ORDERS WHICH INCLUDES FORFEITURE OF INSTRUMENTS OF CRIME. THIS WILL MEAN THAT IN FUTURE NEGOTIATIONS THE SCOPE OF AGREEMENTS CAN BE EXPANDED TO INCLUDE INSTRUMENTS. BUT IN THAT EVENT WE WOULD PROPOSE TO DEFINE INSTRUMENTS IN THE TEXT FOR THAT PURPOSE.

4.

THE CANADIANS WILL BE AWARE THAT IN THE COUNCIL OF EUROPE DRAFT CONVENTION ON CONFISCATION THERE IS A DEFINITION OF BOTH

PROCEEDS AND INSTRUMENTS.

HURD

YYYY

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24 JUL 1999