7 (Refusal or Postponement of Assistance) S been expanded to provide for discretionary refusal of assistance on the grounds of extraterritoriality and prejudice to the safety of any person. It also provides for postponement in addition to refusal of assistance in certain circumstances. The revised article still contains a discretionary provision that assistance may be refused if there is a possibility of the death penalty being carried out for the offence to which the request relates.
Both Canada and Australia agreed to the inclusion of such a safeguard only with reluctance, although neither of these countries retains the death penalty. The US objected strongly to this, among other safeguards in our original draft, and as a result our agreement with the US does not extend to the provision of assistance beyond the restraint and confiscation of the proceeds of drug
drug trafficking. We therefore propose that this discretionary ground for refusal be retained in our draft model, but that our negotiators should be prepared to omit this provision if insistance on its inclusion would preclude agreement on reciprocal arrangements with future potential partners.
20
Article 8 (Proceeds) replaces previous articles dealing with restraint and confiscation, and defines in greater detail the circumstances in which assistance may be sought, and the documentation necessary to support a request.
FINANCIAL AND STAFFING IMPLICATIONS
21
Implementation of the bilateral arrangements and making of the Designation Order will have no additional financial or staffing implications. Under the provisions of the arrangements negotiated, proceeds confiscated in Hong Kong as the result of a foreign confiscation order will accrue to HKG, unless otherwise agreed in a particular case.
The agreements also contain provisions to ensure that Hong Kong would not be obliged to meet extraordinary expenses resulting from overseas requests.
LEGISLATIVE TIMETABLE
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Subject to Members' approval of the making of the Designation Order, the legislative timetable will be -
Submission of the
Order to Legislative Council for approval by resolution
Publication in the Gazette
and commencement of the Designation Order
16 January 1991
18 January 1991
No comments yet.
Private notes are available after approval.