TNAG-2879-FCO40-4151-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 71

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

CONFIDENTIAL

ACTION CHECKLIST

WW

SB

WW

To copy draft treaty and notes of meeting to:

Crown Office

-

- Crown Prosecution Service

- Serious Fraud Office

- National Criminal Intelligence Service

- DTI

-

Northern Ireland Office

Scottish Office

- Inland Revenue

-

Treasury

to flag up areas of major difficulty to HKG in advance.

to find out on what this model text is based

(SB said it is fairly close to US & Caymans' MLATs)

Preamble

Change "Hong Kong" on title page to "HKSAR, duly authorised by the Government of the PRC"

RM is "confiscation of criminal proceeds" too restrictive?

SB to ask HK delegation what they intend this to mean

It was agreed that HKG should be asked if they would accept an index of the Articles.

Article I

(1) GS- to draft an amended version by 16/12 making it clear that the scope of this treaty is confined to offences committed in the UK and the areas where we and the HKSAR have jurisdiction and the HKSAR.

-

(2) SB to ask HK delegation if this paragraph can be omitted. As fallback, retain it if clarified to satisfaction of UK delegation.

(It was felt that para (2), intended merely to be indicative, was unnecessary, and it would be necessary to look more closely (SB) at examples of assistance in case they were inconsistent with the more detailed provisions of the treaty. Elucidation needed in a number of subparagraphs. SB pointed out that the Caymans' MLAT has such a list. TL said it could be of value as an aide-memoire.)

CONFIDENTIAL

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