TNAG-2879-FCO40-4151-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 70

CONFIDENTIAL

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

Meeting held in Room K211 of the Foreign & Commonwealth Office on 12 November, 1993.

Present

Miss Shelagh Brooks, Legal Advisers

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

Mr Geoffrey Sonnenberg, Home Office

Ms Sally Evans, Home Office Legal Advisers

Mr Tim Livesey, Economic Relations Department

Mr Rod Bunten, Hong Kong Department

Ms Wendy Wyver, Hong Kong Department

Background

1.

Miss Brooks said Hong Kong very anxious to negotiate such an agreement to come into force on 1 July 1997. A danger that existing parallel legislation may be amended or repealed after 1997. Moreover, a series of such bilateral agreements would establish the rights and obligations of the Hong Kong Special Administrative Region (HKSAR) in international law. Possibility of such agreements allowed for under Article 71 of Joint Declaration, which states "the Central People's Government (CPG) shall authorise the HKSAR Government to make appropriate arrangements for reciprocal juridicial assistance with foreign states".

2.

Mr Bunten explained this agreement one of four to be negotiated in December, along with " Reciprocal Enforcement of Judgements", "Surrender of Fugitive Offenders" & "Investment Promotion & Protection Agreements". These will have to be approved by the Chinese in the Joint Liaison Group (JLG) . A model treaty is first agreed in the JLG, then an agreed list of negotiating partners and finally specific initialled texts negotiated with those partners are given JLG approval. As Chinese likely to see Hong Kong Government as an unequal partner in negotiations with UK, chances of getting UK/HKSAR MLA agreement approved greater if it stays close to model text. In the case of MLA, the Chinese agreed the English language version of the model text a year ago and are close to agreeing the Chinese language version.

3.

Date for negotiations with HK Government team led by David Edwards fixed as Thursday 16 & Friday 17 December. Date for second preliminary meeting: 2.30pm Tuesday 23 November, K211 (Mr Livesey not available. Will send Mrs Tucknott instead.)

CONFIDENTIAL

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