TNAG-2165-FCO40-3100-Agreements-between-Hong-Kong-and-third-countries-regarding-d-1990 — Page 33

CONFIDENTIAL

37

017305

MDLIAN 2896

CONFIDENTIAL

FM HONG KONG

(DISTRIBUTION AMENDED 31ST OCT

TO PRIORITY FCO

TELNO 3161

OF 310521Z OCTOBER 90

OCTOBER 1920 PY, Q DIST?

INFO ROUTINE UKREP JLG HONG KONG, PEKING, WASHINGTON

HONG KONG/US DRUG TRAFFICKING AGREEMENT

1. FOLLOWING ARE DRAFT DEFENSIVE QUESTIONS AND ANSWERS RELEVANT TO THE SPEAKING NOTE CONTAINED IN MIPT.

Q1. DOES HONG KONG HAVE THE DOMESTIC LEGISLATION IN PLACE TO GIVE

EFFECT TO THE AGREEMENT?

A1. THE DRUG TRAFFICKING (RECOVERY OF PROCEEDS) ORDINANCE, WHICH WAS ENACTED IN 1989, PROVIDES FOR COUNTRIES AND TERRITORIES OUTSIDE HONG KONG TO BE DESIGNATED SO THAT THEIR CONFISCATION AND RELATED ORDERS CAN BE REGISTERED AND ENFORCED IN HONG KONG AND ASSISTANCE PROVIDED IN RESPECT OF THE INVESTIGATION OF DRUG TRAFFICKING. THE BRITISH SIDE CONSIDER THAT TO ENSURE RECIPROCITY, HONG KONG SHOULD FIRST ENTER INTO BILATERAL AGREEMENTS WITH COUNTRIES WITH WHICH HONG KONG WISHES TO COOPERATE IN THE INVESTIGATION AND RECOVERY OF PROCEEDS OF DRUG TRAFFICKING, AND, ON THE BASIS OF SUCH AGREEMENTS, SHOULD DESIGNATE THESE COUNTRIES UNDER THE ORDINANCE.

Q2. WHY IS IT NECESSARY TO HAVE A BILATERAL AGREEMENT WHEN THE ORDINANCE DOES NOT REQUIRE THAT AGREEMENTS BE THE BASIS OF

DESIGNATION?

A2. DESIGNATION WITHOUT AN AGREEMENT WOULD NOT GUARANTEE RECIPROCITY, AND WOULD HAVE THE ADDED DISADVANTAGE THAT THE CIRCUMSTANCES UNDER WHICH ASSISTANCE MAY BE GIVEN WOULD BE

UNCLEAR FROM CASE TO CASE.

Q3. WHY CAN THE ARRANGEMENTS FOR RECIPROCITY NOT AWAIT THE MUTUAL LEGAL ASSISTANCE ARRANGEMENTS ON WHICH THE BRITISH SIDE HAS

RECENTLY CONSULTED THE CHINESE SIDE?

A3. BECAUSE HONG KONG HAS THE NECESSARY LEGISLATIVE FRAMEWORK, AND BECAUSE OF THE URGENT OPERATIONAL NEED, THE BRITISH SIDE REGARD IT AS IMPORTANT THAT HONG KONG SHOULD SEEK TO ESTABLISH

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