TNAG-2988-FCO40-3398-Future-of-Hong-Kong-mutual-legal-assistance-1991 — Page 28

Mr Soper ERD

KC371/1

28 APR 1999

FILE

Reference

MUTUAL LEGAL ASSISTANCE: GUIDANCE NOTE FOR CASE WORKING OFFICERS IN THE UK CENTRAL AUTHORITY: HONG KONG

1.

As you know, Hong Kong is in the process of setting up a series of bilateral drug trafficking agreements. If mutual legal assistance requests concerning Hong Kong were made in connection with drug matters, they should be dealt with under that network if possible. Would you need to make this clear

to case working officers?

2.

As far as non-drug related mutual legal assistance is concerned, if Hong Kong is covered by a UK agreement with a third country, there is no particular sensitivity about assistance being sought from Hong Kong. If, however, in the future, the UK were to have a mutual legal assistance agreement with China, we should want to be consulted about any request from China involving Hong Kong.

3. Finally, as you are also aware, Hong Kong hopes to begin negotiating its own mutual legal assistance agreements once we have Chinese agreement. Once this begins, the same argument as in paragraph 1 above would apply ie request for. assistance should be channelled to Hong Kong under their own bilateral agreement wherever such an agreement exists.

выпере

P A Major (Ms)

Hong Kong Department

WH305

270 2655

25 April 1991

CC:

Miss Brooks, Legal Advisers

Mr Dance, NTCD

Consular Department

Miss Bourne, ERD

CODE 18-77

RIDAKC CC