TNAG-2165-FCO40-3100-Agreements-between-Hong-Kong-and-third-countries-regarding-d-1990 — Page 4

grounds

(b) grounds for refusal of assistance

for refusing assistance relevant to Our domestic legislation, resources and offences carrying the death penalty (Article 7);

(c)

information

-

confidentiality concerning exchange of

Safeguards to comply with domestic legislative requirement s (Article 10).

FINANCIAL AND STAFFING IMPLICATIONS

13

Members were informed through memorandum

memorandum XCC (89) 12 that the recovery of the proceeds of drug trafficking would require up to 79 additional staff by 1991-92, at an estimated cost of

of $28 million. The implementation of bilateral agreements will have no additional financial or staffing implications. Under our current

current proposals, money seized from foreign confiscation orders applied in Hong Kong will become HKG revenue unless otherwise agreed between the parties. Article 12(3) of our draft model agreement would ensure that Hong Kong would not be obliged to meet extraordinary financial and staffing expenses resulting from overseas requests.

PUBLIC REACTION

14

In due course, when orders of designation are made in respect of jurisdictions with which agreement s have been concluded, we expect that public reaction will be favourable. The measure will be seen as a further clear indication that we

are anxious to play our part in the international fight against drug trafficking.

PUBLICITY

15

We do not intend

to publicize our intention to negotiate bilateral agreements. Rather, a press release will be issued on each occasion that the Legislative Council's approval is sought for designation of a country or territory. Similarly, we do not propose to issue any Legislative Council Brief until such time as we have concluded each bilateral agreement and are thus in a position, following the advice of the Members to consult the Legislative Council on the designation of a particular country or territory.

J

(The Commissioner for Narcotics, Mr D.J. WEEKS and Senior Crown Counsel (International Law), Mr C.J. NEWALL will attend for this item.)

30 January 1990

(L/M (2) ŃCR 3/1/8 (F) II)

COUNCIL CHAMBER