TNAG-2879-FCO40-4151-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 37

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

delegation whether they are likely to impose any conditions on us, and if so, what?

In Preparation

Paragraph (1) Miss Brooks to look at Article IV(h) again

At the negotiations

Discuss with HK delegation the inclusion of a new para (2) along the lines of US MLAT Article 14 (2)

12. Article XIX

Similar to US and Caymans MLATS.

Miss

Mr Mash felt too narrow in general. Would like to see "or their value" inserted after every reference to "proceeds". Mrs Evans felt Peter Vallance, Home Office, should be consulted on this article, and as to whether the existing UK/HK agreement on drug trafficking can continue beyond 1997. Could it be brought within the scope of this MLAT? Brooks suggested turning the present drugs agreement into a Protocol to the MLA or Exchange of Notes, rather than annexing it. Mr Sonnenberg said there would be a presentational advantage to having an MLA covering drugs with a country in a part of the world where drug-trafficking was a major problem. Mr Mash said Customs & Excise would want detailed provisions on drugs and other crime, either in an annex or in addtional paras here, cf the Home Office model agreement on drugs and confiscation and the European Convention on confiscation. He said the format would depend largely on whether fiscal and customs matters were included in this MLA. Miss Brooks asked Mr Mash and his colleagues to consider whether they could live with this Article as it stands, and in the meantime to provide two or three draft paras covering this, copying them to her and Mrs Evans in consultation with Peter Vallance. She stressed that we could not afford to move too far away from the model text if there was to be any hope of Chinese agreement to the HKSAR signing the MLA. It might be possible to include language to the effect that details would be agreed between the parties later in an exchange of notes.

Mr Sonnenberg agreed that as the Home Office is now moving towards more detailed agreements covering all crime and not just drugs, to get this MLAT involving Chinese agreement now would be a good basis for future discussions.

In Preparation

Ms Wyver

to get a copy of the HK/UK drugs agreement.

Mr Mash to consult with colleagues and with Peter Vallance of the Home Office as to whether they can live with this

CONFIDENTIAL

7

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.