TNAG-2880-FCO40-4152-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 58

FROM C2 DIVISION

HOME OFFICE.

S 363

12.15.1993

13: 19

P. 2

HOME OFFICE

Queen Anne's Gate London SW1H 9AT

Direct line 071-273 -4083 Switchboard 071-273 3000

Ms Shelagh Brooks

Legal Adviser's

Foreign and Commonwealth Office

LONDON SW1A 2AH

Your reference

Our reference

Date

15 December 1993

C

Shelagh

FORTHCOMING NEGOTIATIONS WITH HONG KONG MLA

Thank you for copying to me your letter of 7 December to Sally Evans enclosing a copy of the Negotiating Brief. I have discussed the Brief with Sally Evans and, in Peter Vallance's absence, with June Staniland. We in the Home Office have the following observations:

(1)

(2)

(3)

(4)

(5)

Fata 2 (on the Preamble); on further reflection, we think that there would be merit in including "tracing" and "instruments", using wording on the lines: "... the investigation and prosecution of crime and the tracing, restraint and confiscation of the proceeds and instruments of crime" (there would not, in our view, be a need to refer to "value").

Para 4 (Article 1.1): please refer to my letter of 9 December to Wendy Wyver. We recommend also substitution of "crime" for "criminal offences".

Para 8 (on Article II.2): again, see letter of 9 December.

Para 2 (on Article II.3): if the assistance could be of a kind which fell to be dealt with under section 4 or 7 of the 1990 Act, direct contact would not be appropriate if the result was to exclude the Secretary of State from performing his functions without which the powers under those sections would not be available. We think also that paragraph 3 should provide for a copy of the request to be sent simultaneously to the Requested Party's central authority through the central authority of the Requesting Party. We further recommend substitution of "crime" for "criminal activities”.

Para 13 (on Article IV.1.b): we should not concede this (in extradition cases there are other restrictions on which we can rely).

/(6) Para 15