CONFIDENTIAL
XCC(93)121
Implementation Of The 1988 UN Convention
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Hong Kong already complies with many of the requirements stipulated in the 1988 UN Convention, e.g.
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(a)
(b)
(c)
sanctions against drug trafficking and related drug offences are enshrined in the Dangerous Drugs Ordinance and Acetylating Substances (Control) Ordinance;
powers relating to the confiscation of drug proceeds. and sanctions against anyone assisting drug traffickers to launder their ill-gotten profits are provided under the Drug Trafficking (Recovery of Proceeds) Ordinance; and
with regard to cooperation with other countries, Hong Kong has concluded time-limited bilateral agreements and arrangements with eleven jurisdictions concerning the investigation and confiscation of drug proceeds. The possibility of having bilateral mutual legal assistance agreements extending beyond 1997 is under discussion in the Joint Liaison Group.
Some legislative amendments are however necessary to enable Hong Kong to comply fully with the requirements of the 1988 UN Convention. They will involve amendments to the Dangerous Drugs Ordinance and the Acetylating Substances (Control) Ordinance to provide for offences and sanctions relating to the manufacture and supply of specified substances and the prevention of chemicals being diverted for illicit drug production.
CHINA DIMENSION
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The application of the 1988 UN Convention to Hong Kong will create new international rights and obligations for Hong Kong. As it is intended that the Convention will continue to apply to Hong Kong after 1997, we need to consult the Chinese in advance in accordance with the Agreed Guidelines. Given that China has itself ratified the 1988 UN Convention, we do not expect the Chinese side to object to the proposed application of the Convention to Hong Kong. Indeed, the Chinese side
Executive Council
No comments yet.
Private notes are available after approval.