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6. IT HAS BEEN AGREED THAT THE RIGHT TO INSTRUCT WILL ONLY ARISE FOR EXERCISE IN RARE CASES. DISCUSSIONS HAVE FREQUENTLY REFERRED TO THE RIGHT ARISING IN CASES AFFECTING OR INVOLVING THE TWO AREAS. THE WORD AFFECTING WHICH WE USED IN OUR ORIGINAL GUIDELINES IN JUNE 1988 IS, HOWEVER, VERY WIDE. ARGUABLY, ALL DECISIONS RELATING TO EXTRADITION CAN AFFECT THE FOREIGN AFFAIRS OF THE REQUESTING AND REQUESTED JURISDICTION. SINCE THE RIGHT TO INSTRUCT IS NOT INTENDED TO ARISE IN ALL CASES, A NARROWER FORMULA THAN QUOTE AFFECTING UNQUOTE SHOULD BE USED. THE WORD INVOLVE IS SIMILARLY NEBULOUS. WE DO NOT, HOWEVER, WISH THE DRAFT STEPS TO BE TREATED AS IMMUTABLE. WE HAVE THEREFORE AVOIDED USING ONE FORMULA AND HAVE INSTEAD USED A NUMBER. THE STEPS REFER TO DECISIONS WHICH MAY QUOTE HAVE SIGNIFICANT RAMIFICATIONS FOR UNQUOTE QUOTE SIGNIFICANTLY AFFECT UNQUOTE QUOTE HARM UNQUOTE OR QUOTE HAVE SIGNIFICANT EFFECTS ON UNQUOTE THE TWO AREAS. WE BELIEVE THAT THESE PHRASES REFLECT THE COMMON INTENTION OF THE TWO SIDES, BUT WE RECOGNISE THAT THEY REQUIRE CAREFUL HANDLING.
(E) MINISTER TO GIVE REASONS
8.
IT HAS BEEN AGREED, THAT, BEFORE THE CPG GIVES ANY INSTRUCTION, THERE SHOULD BE A FULL EXCHANGE OF INFORMATION AND VIEWS. WE HAVE ARGUED THROUGHOUT THAT, IF THE CE IS INFORMED OF THE CPG'S THINKING IN RELATION TO A PARTICULAR CASE, HE IS MOST UNLIKELY NOT TO AGREE WITH THAT THINKING. THE GIVING OF REASONS BY THE MINISTER IS AN ESSENTIAL PART OF THIS DIALOGUE. IT WILL ALSO BE THE ONLY REAL SAFEGUARD AGAINST SPRURIOUS REASONING. A REQUIREMENT THAT REASONS SHALL BE GIVEN MAY (IF KNOWN) PROVIDE SOME REASSURANCE TO THE PUBLIC IN HONG KONG: INTEFERENCE IN HONG KONG AFFAIRS WITHOUT
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