NEGOTIATING BRIEF FOR UK/HKSAR AGREEMENT ON MUTUAL LEGAL ASSISTANCE
General Point
1) UK to explain to HK that it would find it helpful to have
an index of Articles, based on the headings to the Articles.
Preamble
2) UK to ask why there is a reference only to "the
confiscation of criminal proceeds". This appears too restrictive. The relevant law in the UK and in Hong Kong provides for the restraint and confiscation of property representing the value of the proceeds of crime, whether or not that property is itself, directly or indirectly, the proceeds. In consequence, suggest adding "or their value" after "proceeds".
3)
UK to point out that at present in Scotland, criminal confiscation is confined to drug trafficking.
Article 1
3)
4)
5)
Paragraph 1
UK to ask is there an intended distinction between "prosecution of criminal offences" and "proceedings related to criminal offences". If there is such a distinction, please explain distinction. Is it, for example, the intention to distinguish between criminal proceedings and ancillary proceedings (eg for confiscation of proceeds of crime). Other references eg Articles IX(1), X, and XVIII (1) suggest "proceedings in relation to a criminal matter" is being used to refer to proceedings generally, including criminal proceedings.
[Mr Sonnenberg to provide briefing and amendment to make it clear that scope of the treaty is confined to offences committed in UK or HK, or over which UK or HKSAR have extraterritorial jurisdiction. ]. The treaty should not cover extraterritorial jurisdiction of HKSAR in respect of offences in China.
Paragraph 2
UK to explain that we would prefer to delete paragraph 2. The list is inclusive, not exclusive. What is the merit in listing types of assistance?
Fall Back
If HK insist on a list, UK would not concede that at this round, but would seek clarification of a number of points:
eg what is covered by "judicial or official
records" in g)?
No comments yet.
Private notes are available after approval.