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MDLIAN 6404
12. FOR THE ROUTINE NOTIFICATION OF CASES, BOTH INWARD AND
/
OUTWARD REQUESTS, IT IS SUGGESTED THAT THE CE INFORM THE OFFICE OF THE MINISTRY OF FOREIGN AFFAIRS IN HONG KONG. THIS IS LIKELY TO BE
THE MOST EFFICIENT METHOD.
CHANNELS FOR REFERRAL AND CONSULTATION
13. THE BRITISH SIDE THINK IT IMPORTANT THAT THE CPG'S VIEWS OR
INSTRUCTIONS SHOULD EMANATE FROM A PERSON OF APPROPRIATE RANK VIS-A-VIS THE CE. IT IS ALSO IMPORTANT THAT THIS POWER SHOULD
NOT BE DELEGATED. THAT PERSON SHOULD BE SOMEONE BEST PLACED TO JUDGE WHETHER A CASE WOULD INDEED CAUSE HARM TO THE CPG'S DEFENCE OR FOREIGN AFFAIRS, UNLESS AN APPROPRIATE DECISION WERE MADE AND ABLE TO CONSIDER THE EFFECT FOR HONG KONG OF HIS VIEWS OR INSTRUCTIONS.
IN THE OUTLINES AT ANNEXES A AND B WE HAVE SUGGESTED THAT THIS
PERSON SHOULD BE THE MINISTER OF FOREIGN AFFAIRS.
COUNTRIES PROPOSED FOR FIRST NEGOTIATIONS
14. THE BRITISH SIDE CONSIDERS THAT THE FIRST GROUP OF COUNTRIES SELECTED FOR NEGOTIATIONS SHOULD BE DRAWN FROM A WIDE GEOGRAPHICAL AREA, AND COMPRISE DIFFERENT TYPES OF JURISDICTION AND PLACES WITH WHICH THERE IS A PARTICULAR NEED FOR AGREEMENTS. IT IS PROPOSED THAT HONG KONG SHOULD OPEN NEGOTIATIONS WITH THE USA, AUSTRALIA, MALAYSIA AND THE NETHERLANDS.
MECHANISM FOR GIVING EFFECT TO AGREEMENTS
15. THE BRITISH SIDE PROPOSES THE FOLLOWING MECHANISM FOR BRINGING
AGREEMENTS INTO EFFECT:
(A) BEFORE ANY PARTICULAR AGREEMENT IS CONCLUDED THE BRITISH SIDE
WILL CONSULT THE CHINESE SIDE ON THE INITIALLED TEXT:
(B) ONCE CONSULTATION WITH THE CHINESE SIDE IS COMPLETED, THE HK GOVERNMENT AND THE OTHER PARTY WOULD SIGN THE AGREEMENT. THE AGREEMENT ITSELF WOULD SET OUT WHETHER IT COMES INTO EFFECT ON SIGNATURE OR ONLY AFTER EACH PARTY HAS NOTIFICED THE OTHER THAT ITS CONSTITUTIONAL REQUIREMENTS ARE COMPLIED WITH:
(C) THE AGREEMENT WOULD BE IMPLEMENTED IN HONG KONG BY MEANS OF AN ORDER OF THE GOVERNOR-IN-COUNCIL, WHICH WOULD BE PUBLISHED IN THE GAZETTE, TOGETHER WITH THE AGREEMENT: AND:
(D) ALL AGREEMENTS REACHED WILL BE REGISTERED BY THE SOVEREIGN STATE
WITH THE SECRETARY GENERAL OF THE UN UNDER ARTICLE 102 OF THE UN CHARTER.
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