TNAG-2165-FCO40-3100-Agreements-between-Hong-Kong-and-third-countries-regarding-d-1990 — Page 171

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

or decision

CONFIDENTIAL

HKB 385/1

on 6 February 1990

RECEIVED IN REGISTRY

27 FEB 1990

XCC (90) 12 Copy No

MEMORANDUM FOR EXECUTIVE-COUNCIL

INDEX

PA/HED 385/2

Drug Trafficking (Recovery of Proceeds) Ordinance

ficking

(Ordinance 1989).

DRUG TRAFFICKING PROCEEDS AGREEMENT

2

Dir Paul Mr Haswell

Pa

१/८

3.

THE PROBLEM

The Drug Trafficking (Recovery of Proceeds) Ordinance 1989, enacted on 12 July 1989, has strengthened our ability to combat the drug problem by providing for the tracing, restraining and confiscation of the proceeds of drug trafficking. It also provides for the designation of countries and territories outside Hong Kong to enable their confiscation and related orders to be enforced here, and allows assistance to be provided

to be provided in relation to their drug trafficking investigations. Hong Kong now needs arrangement s to ensure reciprocal treatment before overseas countries and territories are designated.

RECOMMENDATION AND ADVICE SOUGHT

2

(a)

(b)

It is recommended that

HKC385/2

24 JUL 1990

Hong Kong should provide for cooperation with overseas countries and territories in the confiscation of the proceeds of drug. trafficking and other related procedures by means of time-limited bilateral agreements based on the draft model agreement annexed; and

such agreement s should form the basis for designation of such countries and territories under section 28 of the Ordinance.

S*PV

Asuur: Taken

3

Members will be asked to advise whether recommendation should be approved.

this

BACKGROUND AND ARGUMENT Background

4

In the past, law enforcement agencies were often unable to pursue the investigation and prosecution of drug crimes, including the seizure of the proceeds of drug trafficking, when such crimes were international in character. Hong Kong's law enforcement agencies therefore saw a need for foreign jurisdictions to be enabled to register and enforce their confiscation orders in Hong Kong.

CONFIDENTIAL

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