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7. PARAGRAPH 3(E). TIMING OF NOTIFICATIONS AND INSTRUCTIONS :- WE AGREE WITH THE SUGGESTION AT PARA 22 OF YOUR TELNO 484 NAMELY, THAT WE WAIT AND SEE WHETHER THE CHINESE SIDE SUGGEST DIFFERENT TIMING.
WE SHALL HAVE TO PREPARE DEFENSIVE MATERIAL TO CATER FOR THE PSSIBILITY.
8. PARAGRAPH 4(A). COMMONWEALTH SCHEME AND THE 1986 AMENDMENTS: AGREED. WE INTEND TO DO SO AT MARGINS OF EXPERT TALKS OR OTHER SUITABLE OPPORTUNITY. WE HAD IN MIND MENTIONING OUR OMISSION IN THE PAPER BUT BELIEVE THIS WOULD ELEVATE THE MATTER BEYOND ITS IMPORTANCE.
9. PARAGRAPH 4(B). WE LOOK FORWARD TO HOME OFFICE COMMENTS.
10. PARAGRAPH 4(C). COMPETING REQUESTS:- WE DO NOT THINK THAT THE QUESTION CAN BE SATISFACTORILY RESOLVED WITHOUT FIRST KNOWING WHAT RENDITION ARRANGEMENTS THERE WILL BE. THE CHINESE MIGHT TAKE THE SAME VIEW. PERHAPS THEY ARE MORE LIKELY TO INSIST FOR THE MOMENT ON ENTRENCHING IN THE MODEL AGREEMENT PRIORITY FOR PRC REQUESTS, WHEREAS, IF WE CONCLUDE AGREEMENTS ON THE BASIS OF THE MODEL AS PRESENTLY DRAFTED, SUBSEQUENT PRC INSISTENCE ON PRIORITY TREATMENT WOULD BE TANTAMOUNT TO FORCING BREACH OF THE INTERNATIONAL OBLIGATION WITH THE THIRD PARTY. THE IDEA OF SILENCE BY US ON THE POINT IS NOT ENTIRELY ATTRACTIVE, BUT WE NOTE THAT ENTRENCHMENT OF PRIORITY FOR PRC WOULD CONSTITUTE A DEPARTURE FROM THE SITUATION WHICH WOULD PRESENTLY OBTAIN WERE HONG KONG TO RECEIVE COMPETING REQUESTS FROM UK AND ANOTHER COUNTRY. WE THEREFORE BELIEVE THAT WE SHOULD NOT RAISE THIS DIFFICULT QUESTION NOW.
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11. PARAGRAPH 5. DRAFT MODEL : WE AGREED TO DELETE 'CLAIMED IN ARTICLE 4(1). PLEASE NOTE THAT THE WORDS ''SHALL BE GRANTED' BE INSERTED AFTER ''FUGITIVE OFFENDERS'' IN ARTICLE 2(1).
PAPER FOR THE CHINESE SIDE
SHOULD
12. WE ARE FAXING TO YOU A REVISED VERSION OF THE DRAFT PAPER FOR THE CHINESE SIDE, INCORPORATING AMENDMENTS WHICH TAKE INTO ACCOUNT DISCUSSIONS SO FAR AND WHICH SEEK TO ACHIEVE GREATER CLARITY. WE WOULD DRAW YOUR ATTENTION PARTICULARLY TO THE FOLLOWING POINTS IN THE MAIN PAPER:
(A) IN PARA 1 WE SET OUT THE FOUR POINTS OF PRINCIPLE AGREED AT
JLG X AND WHICH ARE FUNDAMENTAL TO THE OUTLINE PROCEDURES IN BOTH ANNEXES:
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