TNAG-2165-FCO40-3100-Agreements-between-Hong-Kong-and-third-countries-regarding-d-1990 — Page 81

RESTRICTED

FM FCO

TO PRIORITY HONG KONG

TELNO 1362

OF 1710OOZ JULY 90

RESTRICTED

HKC385/2

24 JUL 1990

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INFO ROUTINE PEKING, UKREP JLG HONG KONG

17

154224 MDLOAN 0930

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YOUR TELNO 2112 : DESIGNATION OF THE UK UNDER THE DRUG TRAFFICKING (RECOVERY OF PROCEEDS) ORDINANCE 1989

2.

1.

WE AGREE THAT IT IS IMPORTANT THAT HONG KONG IS INCLUDED IN THE NEXT DESIGNATION ORDER UNDER THE DRUG TRAFFICKING OFFENCES ACT AND THAT YOU INCLUDE THE UK IN YOUR FIRST DESIGNATION ORDER. AS WE EXPLAINED TO WEEKS, COMMISSIONER FOR NARCOTICS, IN APRIL, OUR PREFERENCE IS TO CONCLUDE A SHORT EXCHANGE OF LETTERS ON DESIGNATION BASED ON THE DRAFT FAXED TO YOU ON 7 JULY 1989 AND THEN PUT TOGETHER AN EXCHANGE ON MECHANICS, USING THE LETTER THAT THE HOME OFFICE SENT TO THE US DEPARTMENT OF JUSTICE ON IMPLEMENTATION OF THE UK/US AGREEMENT AS A MODEL (COPY PASSED TO WEEKS IN APRIL). BUT WE ARE PREPARED TO USE YOUR SHORT AGREEMENT AS THE BASIS FOR AGREED GUIDELINES IF THAT IS YOUR PREFERENCE. THE GUIDELINES COULD THEN BE INCLUDED AS THE ANNEX TO AN EXCHANGE OF LETTERS ON DESIGNATION BASED ON THE DRAFT WE SENT YOU IN 1989. 3. AS REQUESTED, WE HAVE SENT BY BAG TO WEEKS COPIES OF THE GUERNSEY AND ISLE OF MAN DRUG TRAFFICKING OFFENCES LEGISLATION. AS THE ISLANDS' LEGISLATION, LIKE HONG KONG'S, IS BASED ON THE UK DRUG TRAFFICKING OFFENCES ACT, WE SEE NO NEED FOR YOU TO CONCLUDE SEPARATE BILATERAL AGREEMENTS WITH THEM. THE SIMPLEST WAY FORWARD WOULD BE TO INCLUDE THE ISLANDS IN THE EXCHANGE OF NOTES ON DESIGNATION. WE ARE SEEKING CONFIRMATION THAT THE ISLANDS ARE CONTENT TO DESIGNATE HONG KONG. WE DO NOT ENVISAGE ANY DIFFICULTIES, BUT AN EARLY REPLY IS UNLIKLEY IN VIEW OF THE

SUMMER RECESS.

4. WE HAVE REVISED OUR 1989 DRAFT EXCHANGE OF NOTES TO TAKE INTO ACCOUNT THE POINTS IN PARAGRAPH 2 AND 3 ABOVE. A COPY FOLLOWS MY FAX TO WEEKS.

5.

HURD

WE LOOK FORWARD TO EARLY SIGHT OF YOUR DRAFT GUIDELINES.

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