TNAG-2879-FCO40-4151-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 117

Strasbourg in 1990 contains such provisions (eg Article 27(3)). There is

also apparently a Home Office Model Agreement in existence, which can be obtained from C2 Division at the Home Office. It is noted that the existing arrangements between the UK and Hong Kong in relation to the proceeds of drug trafficking may possibly be preserved;

3. It is apparently often now the practice to insert in bilateral agreements on restraint and confiscation, an obligation on the requesting State to proceed with the case in their country with all reasonable expedition. The purpose of this, is to seek to avoid the situation where property is restrained in the requested State, but there is thereafter insufficient material in the hands of the requested party in order to deal with applications by the defendant or a third party to discharge or vary a restraint order;

4. As previously noted, we would wish to take part in negotiations with the Hong Kong authorities and, at that stage, we could obviously deal with the above matters in greater depth;

5. I hope that the above is helpful, and please do not hesitate to contact me if you have any queries.

Yours faithfully

Ar mail

RAH MASH Principai Legal Officer