TNAG-2577-FCO40-3764-Cooperation-between-Hong-Kong-and-China-regarding-criminal-m-1992 — Page 8

23 January 1992

Tel:

Fax:

270-2682

270-3443

HKC 381/1

Attorney Generals of all the Dependent Territories

Dear Attorney General

MUTUAL LEGAL ASSISTANCE

1.

8 PAN 1992

äi

Foreign & Commonwealth

Office

London SWIA 2AH

Telephone: 071-

or Maki

MS24/1

On 10

John White of this department wrote to you on 23 August 1989 about the legislation the UK was preparing to enhance international cooperation in criminal matters, through mutual legal assistance. Since then, significant progress has been made to enable the UK to cooperate with other countries. June 1991, Part 1 of the Criminal Justice (International Cooperation) Act 1990-CJ (IC) A 1990 came into force (Parts II and III came into force in July and September respectively). I enclose a copy. This radically increased the range of help which can be given and received by the UK in the fight against crime. Part I of the Act enabled the UK to ratify the European Convention on Mutual Assistance in Criminal Matters, which we did on 29 August 1991. The Convention has so far been signed and ratified by 19 countries.

2.

(i)

(ii)

Areas of cooperation include:

serving on individuals in the UK summonses and other judicial documents relating to criminal proceeding in another country;

the UK courts can seek assistance from overseas authorities in obtaining evidence for use in investigations and proceedings in the UK;

(iii) the Police can be authorised by the UK courts to enforce

powers of search and seizure of evidence equivalent to those in domestic law, on behalf of other countries.

I attach a list of Reservations and Declarations which the UK made in respect of the Convention.

3. The CJ (IC) A 1990 also enabled the UK to sign up to the Commonwealth Scheme on Mutual Assistance in Criminal Matters. The Home Office has written to this effect to the Commonwealth Secretary-General. I attach a list of Reservations made. This scheme provides for:

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(2

D.

焼

(i)

(ii)

assistance in obtaining evidence, locating and identifying criminals;

obtaining articles by search and seizure, and;

(iii) tracing, seizure and forfeiture of the proceeds of

criminal activities.

4. In addition to these mutual legal assistance arrangements the UK intends to ratify the 1990 Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime. The ratification of this Convention will require some amendment to the UK's 1986 Drug Trafficking Offences Act which we will inform you of once they have been drafted. We will also advise you of the Reservations we will submit.

5. NCAD are writing to you separately about the extension of the 1988 UN Drugs Convention to the DTS, explaining the need for local legislation based on the UK's CJ (IC) A 1990. Once the necessary legislation is in place, you may wish to consider whether to participate in any of the multilateral arrangements described above. Membership of the Commonwealth Scheme can be achieved simply by writing to the Secretary - General.

6. The Home Office has established a Central Authority to deal with requests to and from the UK for mutual legal assistance. I understand they have written to all our Dependent Territories detailing notes of guidance on the new arrangements giving fuller details of the forms of assistance the UK can provide, and how requests should be presented. The UK's Central Authority will not, of course, deal with requests from third countries to the UK's Dependent Territories. Any such requests will be returned to that country explaining that they should be sent directly to your competent authorities.

Yours ever Audun Sopar

A K Soper

Economic Relations Department

CC: Mr Holland, WIAD

Mr Martin, NCAD

Mr Carter, SED

Ms Major, HKD

Mr Thomas, SPD

Mr Baker-Bates, SAAD (Commissioner BAT)

Mr Harris, EAD (Commisioner BIOT)

Miss Brooks, Legal Advisers

Ms Nicholson, C7, Home Office

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Distribution

Attorney Generals in Anguilla

Bermuda

British Virgin Islands

Cayman Islands

Montserrat

Turks and Caicos Islands

Gibraltar

Hong Kong

Pitcairn, c/o BHC Wellington

St Helena

St Helena Dependencies (Ascension and

Tristan da Cunha)

South Georgia and South Sandwich Islands Falkland Islands

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