HKC385/1
: MAR 1991
Foreign & Commonwealth
Office
บ
28 February 1991
Mr D Weeks
Commissioner for Narcotics
HONG KONG
Dear Weeks,
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2 and counties.
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London SW1A 2AH
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Telephone: 071-
COUNCIL OF EUROPE CONVENTION ON CONFISCATION OF THE PROCEEDS OF CRIME
1.
2.
Please refer to your letter to Andrew Soper of 21 January.
You asked about the extension to Hong Kong of the Council of Europe Convention on the Confiscation of the Proceeds of Crime. We are content that there should be no difficulty with the proposition in your letter to Andrew Soper. Article 38 allows for application of the Convention to a State's territories which as you point out can be withdrawn at three months' notice. There seems to be no reason why a declaration which a party may make to limit the offences or category of offences to which Article 2 (1) applies should not be made in respect of Hong Kong. This also applies to Article 6(4) where a declaration can be made to limit the predicate offences or categories of offences specified in Article 6(1).
3
The UK are hoping to ratify the Convention in the next few months. We have yet to reach a formal view on the legal and procedural requirements for the UK's ratification including what reservations are needed. We will therefore have to look again at the position in relation to Hong Kong once we have a clearer idea of what is involved.
4. We would not need to seek Chinese approval since extension would end in 1997, but as in the case of the bilateral agreement, we should inform them of our intention.
We will of course keep you informed of progress with the UK's ratification and any other developments which may arise.
5.
Yours ever, Rate Boume воите
K M Bourne
Economic Relations Department
E316 270-2683
Cc:
Miss Brooks
Ms Major HKD
Legal Advisers
Mr Vallance C7 Home Office
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