TNAG-2896-FCO40-4170-Registration-of-Hong-Kong-agreements-with-the-United-Nations-1993 — Page 25

CODE

18-77

Mr Dave Moore DICD

Reference..

p.a. 10/10/43

CONFIDENTIAL

WW

374/1

15

*RY

APPLICATION OF THE 1988 UN CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES TO HONG KONG

1.

Following our telephone conversation this morning, I discussed the Hong Kong Government's proposed speaking note (Ref. Tel. 1576) with our Legal Advisers. They felt that paragraph 3 was rather too brief, and that it should explain how Hong Kong "already complies with most of the requirements of the Convention". They suggested that it should make explicit what legislation is pertinent and what new legislation, if any, is required, and should include

references to:-

(i) criminal laws which establish as offences the various acts listed in Article 3

(ii) confiscation laws

(iii) extradition provisions

(iv) Mutual Legal Assistance (MLA) provisions

2.

They were concerned as to how the Hong Kong Government intends to implement Article 17 (copy attached), given that Hong Kong is not a "flag state". Does Hong Kong intend to communicate with flag states through UK diplomatic channels or directly, and if the latter, in accordance with what guidelines? They suggested that AMD might have views on

this.

3. They commented that a helpful precedent is provided by the negotiations with the Chinese in 1990 over the application of the 1971 UN Convention on Psychotropic Substances to Hong Kong.

I apologise that this comes so late. I hope it is of some assistance.

4.

W. A. Wyver

W A Wyver

Hong Kong Department WH305 270-3287

8th October 1993

CC: Jill Barrett, Legal Advisers

CONFIDENTIAL