TNAG-2165-FCO40-3100-Agreements-between-Hong-Kong-and-third-countries-regarding-d-1990 — Page 3

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If such agreement s were to continue post-1997 we should need to consult the Chinese. However, we expect that such agreements will be subsumed under future comprehensive mutual

legal assistance (MLA) arrangements which we are planning to enter int o with foreign jurisdictions before 1997. As MLA agreements are intended to continue after 1997, we shall need to consult the Chinese, and the process is likely to take up some time. We therefore need

need an interim arrangement to permit cooperation in the confiscation of drug proceeds. We consider that time-limited agreements will serve this purpose.

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For

J

Since the enactment of the Ordinance, the US AND UK authorities have requested

have requested that they should be designated. the purpose of designation of the US and other jurisdictions we intend to conclude short term agreement s with a view to these agreements being subsumed under future comprehensive arrangements for mutual legal assistance. In the case of the UK, we consider it sufficient to conclude an exchange of diplomatic notes because any agreement between Hong Kong and UK before 1997 is deemed as an internal arrangement and not an international agreement. We also intend to enter into a MLA arrangement with the UK in due

course.

NOATMAR

The Chinese Dimension

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shro

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The time-limited bilateral drug agreements are not intended to continue after 1997, and it should therefore not be necessary to consult the Chinese. Nevertheless the Chinese will be concerned about any agreements which give rise to new international rights and obligations affecting Hong Kong. As a matter of courtesy, and to avoid any misunderstanding, we propose to inform them of our intention to sign any bilateral drug agreements with foreign countries. If necessary,

we shall also assure the Chinese that they will be consulted in due course when we deal with mutual legal assistance.

Draft Model Agreement

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The provisions contained in the draft model agreement are closely in line with those proposed for comprehensive mutual legal assistance arrangements. We propose that the draft model agreement should contain the following provisions

(a) scope of assistance and procedures mutual assistance in investigations and proceedings in respect of drug trafficking including the tracing, restraining and confiscation of the proceeds of drug trafficking (Articles 1, 4,

8 and 9);

CONFIDENTIAL