CONFIDENTIAL
105241
MDLIAN 6494
6. THE MINISTER SHALL BE PROVIDED WITH ALL RELEVANT INFORMATION AND THERE SHALL BE A FULL AND OPEN CONSULTATION PROCEDURE AT ALL STAGES, INCLUDING THE PROVISION OF REASONS FOR VIEW.
7.
IF WITHIN (OPEN SQUARE BRACKETS) 10 (CLOSE SQUARE BRACKETS) DAYS OF NOTIFICATION OF THE CASE TO THE MFA IN HONG KONG THE DIPLOMATIC REPRESENTATIVE IS NOT INFORMED BY THE MFA THAT THE CASE HAS BEEN REFERRED TO THE MINISTER, THE DIPLOMATIC REPRESENTATIVE MUST MAKE THE REQUEST FORTHWITH. IF HE IS INFORMED OF A REFERRAL, HE SHOULD AWAIT THE OUTCOME OF THE REFERRAL.
8 =
IF THE MINISTER, AFTER REFERRAL, DECIDES THAT THE CASE IS NOT WITHIN THE TWO AREAS, OR THAT ANY EVEN HE IS CONTENT WITH A DECISION EITHER WAY, HE SHALL SO INFORM THE CE AND THE DIPLOMATIC REPRESEN- TATIVE IN THE REQUESTED JURISDICTION WHO WILL FORTHWITH SUBMIT THE FORMAL REQUEST UNLESS ADVISED OTHERWISE BY THE CE. IF, HOWEVER, THE CASE FALLS WITHIN THE TWO AREAS, AND THE MINISTER TAKES THE VIEW THAT THE REQUEST SHOULD NOT BE MADE, HE SHALL SO INFORM THE CE WITHIN (OPEN SQUARE BRACKETS) 14 (CLOSE SQUARE BRACKETS) DAYS OF THE REFERRAL BEING MADE. IF THAT TIME IS SINSUFFICIENT, THE MINISTER SHALL SO INFORM THE CE, IN WHICH CASE HE SHALL NOTIFY THE CE OF HIS VIEW WITHIN (OPEN SQUARE BRACKETS) 14 (CLOSE SQUARE BRACKETS) DAYS OF THAT INFORMATION. WHERE A PROVISIONAL REQUEST HAS BEEN MADE, AND, UNDER THE LAS OF THE REQUESTED JURISDICTION, A FORMAL REQUEST MUST BE MADE WITHIN A SHORTER PERIOD THAN SPECIFIED ABOVE THE CE SHALL INFORM THE MINISTER OF THE SHORTER PERIOD AND THE MINISTER SHALL GIVE HIS VIEWS WITHIN THAT PERIOD.
9.
IF THE MINISTERS IS OF THE VIEW THAT THE REQUEST SHOULD NOT BE MADE, HE MAY INSTRUCT THE CE NOT TO MAKE IT, BUT ONLY IN THE EVENT OF DISAGREEMENT AT THE END OF THE CONSULTATION PROCEDURE.
(OPEN SQUARE BRACKETS)
10. IF, AFTER THE MAKING OF A REQUEST, THE CE HAS REASON TO BELIEVE THAT PROCEEDINGS IN THE REQUESTED JURISDICTION MIGHT HAVE SIGNIFICANT RAMIFICATIONS FOR THE DEFENCE OR FOREIGN AFFAIRS OF THE CPG, THE CE SHALL REFER THE MATTER TO THE MINISTER OF FOREIGN AFFAIRS FOR A VIEW, AND SHALL ALSO DO SO IF THE MINISTER HAS SUCH GROUNDS TO BELIEVE AND SEEKS REFERRAL. UPON AND AFTER REFERRAL, THERE SHALL BE CONSULTATION AS DESCRIBED ABOVE, AND IN THE EVENT OF DISAGREEMENT ONLY THE MINISTER MAY INSTRUCT THE CE TO WITHDRAW THE REQUEST. (CLOSE SQUARE BRACKETS)
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