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TEND TO BRING UP FRESH POINTS, BUT OF WHICH ACCOUNT MAY NEED TO BE TAKEN IN THE LEGISLATION AND IN THE ADMINISTRATIVE PROCEDURES. NONETHELESS, IT WOULD BE USEFUL TO SET OUT AT THIS STAGE GENERAL OUTLINES AS TO HOW THE SYSTEM WILL WORK IN PRACTICE, PARTICULARLY SO THAT NEGOTIATORS ARE IN A POSITION TO REPLY TO QUESTIONS FROM NEGOTIATING PARTNERS. CONSEQUENTLY, THE BRITISH SIDE HAS DRAWN UP THE OUTLINE FOR HANDLING REQUESTS MADE TO HONG KONG AT ANNEX A. WE MUST, HOWEVER, EMPHASISE THAT OUR OUTLINE IS NOT INTENDED TO REPRESENT FINAL DRAFTING AT THIS STAGE.
6. THE PAPER PRESENTED TO THE CHINESE SIDE IN JUNE 1988 WAS DRAWN BEFORE THE AGREEMENT AS TO THE RIGHT TO INSTRUCT, AND WITHOUT ANY REFERENCE TO CONSULTATION, OR TO ROUTINE NOTIFICATION OF ALL REQUESTS TO HONG KONG, OR TO THE APPROPRIATE LEVEL OF DECISION MAKING IN THE NEW OUTLINE WE HAVE SOUGHT TO REFLECT THESE POINTS. WE HAVE ALSO SOUGHT TO REFLECT THE COMMON INTENTION OF THE TWO PARTIES NAMELY THAT THE CASES IN WHICH INSTRUCTIONS MAY BE GIVEN FALL WITHIN
AN AREA THAT IS NEITHER TOO NARROW NOR TOO BROAD.
REQUESTS BY HONG KONG
7. A MATTER THAT NOW NEEDS TO BE CONSIDERED IN MORE DETAIL IS THE HANDLING OF REQUESTS MADE BY HONG KONG. THE CHINESE SIDE WILL RECALL THAT THIS TOPIC WAS BRIEFLY TOUCHED ON AT THE EXPERT TALKS IN JUNE 1988 THE BRITISH SIDE POINTED OUT THAT THERE WERE SEVERAL SIGNIFICANT DIFFERENCES BETWEEN THESE REQUESTS AND REQUESTS MADE TO HONG KONG. BOTH SIDES AGREED TO CONSIDER THE MATTER FURTHER BUT WE HAVE SO FAR NOT RETURNED TO IT. AT JLGX AMBASSADOR MCLAREN EMPHASISED THE CARE THAT WOULD BE NEEDED IN ADDRESSING PERCEPTIONS IN HONG KONG. THESE PRECEPTIONS ARE LIKELY TO BE PARTICULARLY SENSITIVE SINCE REQUESTS BY HONG KONG ARE SO CLOSELY ALLIED TO THE PROSECUTION PROCESS. BUT IT IS NOT FEASIBLE TO EXCLUDE ENTIRELY THE POSSIBILITY THAT IN VERY RARE CASES THE CPG MAY HAVE A LEGITIMATE CONCERN ARISING FROM A REQUEST. CONSEQUENTLY, THE BRITISH SIDE WISHES TO ADDRESS THE ROLE OF THE CPG IN THIS REGARD.
8. IT WOULD BE POSSIBLE FOR IT TO BE LEFT TO CPG DIPLOMATIC REPRESENTATIVES TO TAKE ACCOUNT OF CHINA'S LEGITIMATE CONCERNS BEFORE MAKING A FORMAL REQUEST. THE BRITISH SIDE IS CONCERNED THAT SUCH A SYSTEM MAY GIVE RISE TO INCONSISTENCY IN APPROACH AND TO UNNECESSARY DELAYS. CONSEQUENTLY, WE SUGGEST THAT THIS ROLE SHOULD BE EXERCISED CENTRALLY. WITH THESE THOUGHTS IN MIND, THE BRITISH SIDE HAS DRAFTED OUTLINE PROCEDURES TO BE ADOPTED IN SUCH CASES. THESE ARE AT ANNEX B AND, AGAIN, ARE NOT INTENDED TO BE DEFINITIVE AT THIS STAGE.
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