TNAG-2879-FCO40-4151-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 31

CONFIDENTIAL

NEGOTIATION OF A UK/HKSAR AGREEMENT ON MUTUAL LEGAL ASSISTANCE(MLA): RECORD OF SECOND MEETING

Meeting held in Room K211 of the Foreign & Commonwealth office on 23 November, 1993.

Present

Miss Shelagh Brooks, Legal Advisers

Mr Richard Mash, Solicitor's Office, HM Customs & Excise Mr Geoffrey Sonnenberg, Home Office

Mrs Sally Evans, Home Office Legal Advisers

Ms Wendy Wyver, Hong Kong Department

Apologies for absence: Mr Tim Livesey, Economic Relations Dept

Mr Charles Garrett, Hong Kong Dept

DISCUSSION OF DRAFT TEXT

1.

Mr Sonnenberg said that John Hunter, HKG, had told him that this MLA was modelled on an Australian MLAT.

2. Article IX

Miss Brooks commented that this differed from the provision on obtaining of evidence in Article 8 of the US & Cayman's MLATS. She noted that in IX (5) the words "person required to give evidence" implied that such a person was subject to a witness

summons.

3. Article X

Mrs Evans felt consistency in drafting was needed between this and Article IX(1). She would prefer to replace "a criminal matter in the Requesting Party" with "a criminal matter in the jurisdiction of the Requesting Party", in order to exclude extra-territorial offences. She wondered what Article X added to Article IX, and wanted to ask HK what special value they saw in X.

Miss Brooks said it seemed a distinction was being drawn between statements for evidence and those for the purposes of investigation. She wondered whether the Home Office had policy views on the use made of statements provided. Mr Sonnenberg replied that the Criminal Justice (International Co-operation) Act 1990 made reference to statements for investigative purposes.

Miss Brooks said under the model text persons could decline to give evidence, but the Requested Party might have to certify that it had tried to obtain such evidence.

CONFIDENTIAL

1