TNAG-2880-FCO40-4152-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 103

49)

UK to raise with Hong Kong the continuation of the UK/HK drug trafficking arrangement and compatibility with the MLAT. The UK would like to have detailed provisions in the form of an agreement rather than an arrangement.

(Provisions should include:

eg the information and documents to be supplied by

one party to another for the purposes of restraint and confiscation;

eg

imposing obligation on Requesting Party to proceed with a case on restraint or confiscation. in its jurisdiction with all reasonable

expedition.).

The question would be whether to retain the present Article, or delete it and have a separate agreement which could perhaps be in the form of an Exchange of Notes, either free standing or related to the Mutual Legal Assistance Agreement. Alternatively, the present Article could be replaced by a new Article which simply referred to concluding an agreement on drug trafficking at a later date.

[Comments from Customs & Excise and Home Office please].

Paragraph 3

UK would wish to add "are permitted by its law and" after "whatever means".

Article XX

50) UK to ask HK to clarify the diplomatic channels referred

to would be London-Peking.

Article XXI

51)

UK to propose new Article XXI on territorial application reading as follows:

Article XXI

TERRITORIAL APPLICATION

This Agreement shall apply:

(1)

in relation to the United Kingdom:

(a) to England and Wales, Scotland, and Northern

Ireland; and

(b) to the Isle of Man, Channel Islands and to

any other territory for whose international relations the United Kingdom is responsible and to which this Treaty shall have been extended by agreement between the Parties, subject to any technical modifications agreed by the Parties and to either Party being able to terminate such extension by giving six months' written notice to the other through the diplomatic channel; and

(2) to the Hong Kong Special Administrative Region.