TNAG-2285-FCO40-3286-Cooperation-between-Hong-Kong-and-China-on-criminal-matters-1991 — Page 67

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assistance from them. I imagine that there are some countries in the world in respect of which (whether because of the nature of their internal regimes, or the general state of our relationships

or the with them) we should be hesitant about providing assistance. There might equally be question marks about seeking assistance from such countries, given the general practice of including an assurance of reciprocity in any request made. Another problem might be in respect of regimes or jurisdictions to which we had not yet given recognition. I imagine that you would want to be consulted in appropriate cases, and I wonder whether you would consider issuing a list (obviously, for regular updating) of countries about whom you would wish to be consulted? This would be significant not just for the Home Office as central authority. Prosecuting authorities (like the CPS or Customs) preparing letters of request to overseas authorities - either for transmission through us, or (in emergencies) directly know whether a country is one about which there may be difficulties.

K

need to

I appreciate the sensitivity of a list of this kind. Without it, however, I see no way of being certain that the UK will not make or respond to requests, in circumstances in which there could be domestic or international embarrassment.

I should be grateful for your views on the sort of advice which could be given.

Sincerely,

Aar parking

ALAN HARDING

In addition to this narrow point there is, of course, the broader question to be resolved of the ratification of the Council of Europe Convention on Mutual Assistance. My hope is that this can happen as close as possible in time to the implementation of the 1990 Act provisions, but I am aware that policy on reservations needs first to be resolved, as well as the practical arrangements for ratification being set in hand. I know that the latter can take some time: may I assume that your relevant colleagues are appropriately set up to take the necessary steps? One thought you may wish to feed in is whether there might be anything to be said, for example, for proceeding now with signature of the Convention, so that ratification becomes only a single stage process? I hope to write to you again shortly with specific proposals on reservations.