CONFIDENTIAL
Time for second preliminary meeting: 2.30pm Tuesday 23 November, K211 (TL not available. Will send
replacement.)
WW - Copy draft treaty and notes of meeting to:
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- Crown Prosecution Service
- Serious Fraud Office
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National Criminal Intelligence Service
DTI
Northern Ireland Office
Scottish Office
Inland Revenue
Treasury
SB to flag up areas of major difficulty to HKG in advance.
TEXT COMMENTARY
WW
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to find out on what this model text is based
(SB said follows US & Caymans' MLATS closely)
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 HKG what they intend this to mean
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 have jurisdiction and the HKSAR. Extra-territoriality not extended to mainland PRC.
(2) SB to ask HKG if this paragraph can be omitted. See if they will accept an index instead (fallback position).
·
(It was felt that para (2), intended merely to be indicative, was unnecessary, and it would be necessary to look more closely (SB) at its summary headings 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.)
(2) (g) - clarify what HKG mean by "judicial or official records"
CONFIDENTIAL
No comments yet.
Private notes are available after approval.