SENTENCE:
CONFIDENTIAL
MDLIAN
146315
28
''IT IS ACCEPTED THAT IN THE CIRCUMSTANCES SET OUT IN THOSE OUTLINE PROCEDURES THE CPG, AT A SUITABLY HIGH LEVEL, SHALL HAVE THE RIGHT TO INSTRUCT THE CE THAT HE SHALL NOT MAKE, OR THAT HE SHALL WITHDRAW, A REQUEST.''
THIS REFLECTS THE CLEAR INTENTION OF THE CONSULTATION PROCEDURES WE PROPOSE. SEE ALSO PARA 10 OF OUR TELNO 482.
(B)
IN PARA 5(A) WE HAVE AMENDED ''REQUEST' TO FORMAL REQUEST''. A SIMILAR CHANGE HAS BEEN MADE IN PARAS 7 8, 9 AND 10 OF ANNEX B TO EMPHASISE THAT REFERRAL APPLIES ONLY TO
FORMAL REQUESTS.
(C) IN PARA 5(C) ''PROVISIONAL REQUESTS'' HAS BEEN AMENDED TO ''REQUESTS FOR PROVISIONAL ARREST''. SIMILAR CHANGES HAVE BEEN MADE IN PARAS 3, 4 AND 8 OF ANNEX B.
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(D) IN PARA 7(A) ''MINISTER OF FOREIGN AFFAIRS'' HAS BEEN CHANGES TO ''MFA' TO REFLECT OUR INTENTION THAT ROUTINE NOTIFICATION SHOULD BE MADE SIMPLY TO THE MINISTRY RATHER THAN TO THE MINISTER PERSONALLY. A SIMILAR CHANGE HAS BEEN MADE IN PARA 1 OF ANNEX A AND PARA 4 OF ANNEX B.
ANNEX B. WE HAVE AMENDED ANNEX B TO EMPHASISE THAT WE SEE A CLEAR DIFFERENCE BETWEEN MERELY INFORMING THE MFA OF REQUESTS FOR PROVISIONAL ARREST, NOTIFYING THE MFA OF FORMAL REQUESTS, AND REFERRING FORMAL REQUESTS TO THE MINISTER. WE HAVE COMBINED PARAS 2-4 TO READ AS FOLLOWS
''REQUESTS FOR PROVISIONAL ARREST
REQUESTS FOR PROVISIONAL ARREST MAY BE MADE DIRECTLY FROM HONG KONG TO THE APPROPRIATE AUTHORITY IN THE FOREIGN JURISDICTION. THEY WOULD BE MADE THROUGH DIPLOMATIC CHANNELS IF THE BILATERAL AGREEMENT SO REQUIRES BUT IN ALL SUCH CASES THE REQUEST SHALL BE TRANSMITTED BY THE CPG REPRESENTATIVE FORTHWITH. THE CE SHALL INFORM THE MFA THROUGH THE SARG REPRESENTATIVE OFFICE IN PEKING OF ALL REQUESTS FOR PROVISIONAL ARREST THAT HAVE BEEN MADE. THE PROCEDURES SET OUT BELOW FOR NOTIFICATION AND REFERRAL OF CASES AND FOR INSTRUCTIONS AFFECT THE MAKING AND PURSUIT OF FORMAL REQUESTS AND NOT REQUESTS FOR PROVISIONAL ARREST.
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