CONFIDENTIAL
XCC(92)181
agreement and negotiating position detailed in memorandum XCC(91)8, endorsed by this Council on 8 January 1991. After the Malaysian side has obtained the required political approval from its Parliament, and the Hong Kong side has obtained the requisite legislative approval, the Agreement will be signed formally.
THE AMENDMENT ORDER
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The order adds Malaysia to the list of countries and territories designated for the purpose of the enforcement of confiscation orders which are made with a view to the recovery of the proceeds of drug trafficking.
CHINA DIMENSION
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Before signing the bilateral agreements with the United States of America and Canada, we informed the Chinese side as a courtesy. They took note and remarked that they had no objection to HMG authorizing the Hong Kong Government, during the transitional period, to negotiate and conclude bilateral agreements on drug trafficking, the validity of which did not extend beyond 1997. The Chinese were also subsequently informed of the signing of the Hong Kong - Australia Agreement in advance. Copies of all three agreements were passed to the Chinese after they had been signed.
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The Chinese will also be informed in advance of the signing of the Hong Kong - Malaysia Agreement, and a copy of the agreement, once concluded, will be made available to them.
FINANCIAL AND STAFFING IMPLICATIONS
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Making the Amendment Order and thereby implementing the bilateral agreement is unlikely to have additional financial or staffing implications. Under the provisions of the agreement and the Drug Trafficking (Recovery of Proceeds) Ordinance, proceeds confiscated in Hong Kong as the result of a foreign confiscation order will accrue to the Hong Kong Government, unless otherwise agreed in the circumstances of a particular case. The agreement also contains provisions to ensure that Hong Kong would not be obliged to meet extraordinary expenses resulting from requests from Malaysia.
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