CONFIDENTIAL
1275
MOLIAN 4420
J
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READ SIMPLY
'DIRECTOR OF AUDIT'.
G) WE THINK IT TOO EARLY TO INCLUDE THIS ITEM. FOR ONE THING, WE CAN ONLY START TO DISCUSS SELECTION OF PRINCIPAL OFFICIALS WITH THE CHINESE AFTER WE HAVE AGREED WITH THEM EXACTLY WHAT IS MEANT BY THE PHRASE 'NO RIGHT OF ABODE IN A FOREIGN COUNTRY'.
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H) A REVISED PROGRAMME ON LOCALISATION OF LAWS IS BEING FAXED TO YOU. THIS IS NEITHER FINAL AS TO TARGET DATES NOR COMPREHENSIVE AS TO ITEMS INCLUDED. CONSULTATION MAY NOT BE REQUIRED ON EACH AND EVERY ITEM IN THE LIST BUT IT WILL FOR MOST.
WE DO NOT THINK IT WOULD BE PRUDENT TO TELL THE CHINESE OUR TENTATIVE TIMETABLE. THE TIMETABLE ALLOWS ARBITRARILY SIX MONTHS BETWEEN ISSUE OF DRAFTING INSTRUCTIONS AND START OF CONSULTATION AND WE WOULD PROBABLY FIND IT VERY DIFFICULT TO KEEP TO ALL THE DATES. FAILURE ON OUR PART TO ADHERE TO THE TIMETABLE WOULD BE EXPLOITED BY THE CHINESE AS A DEFENSIVE TACTIC AGAINST OUR COMPLAINTS AT THEIR DELAY OVER OTHER MATTERS. ALSO, HANDING OVER A TIMETABLE WOULD INVITE THE CHINESE TO RAISE MATTERS IN THE LIST BEFORE WE ARE READY TO TALK ABOUT THEM. WE SUGGEST THAT WOULD SUFFICE TO TELL THE CHINESE THAT WE HOPE TO BE READY TO CONSULT THEM BETWEEN NOW AND THE END OF 1991 ON THE FOLLOWING AREAS OF LAW TO BE LOCALISED, SUBJECT TO DETAILED EXAMINATION OF EACH AREA CONFIRMING THAT CONSULTATION IS REQUIRED UNDER THE AGREED PRINCIPLES: MERCHANT SHIPPING (SHIPOWNERS' LIABILITY) SEAFARERS (PT II OF 1894 MERCHANT SHIPPING ACT), ARBITRATION (INTERNATIONAL INVESTMENT DISPUTE), INTERNATIONAL FINANCIAL ORGANISATIONS, OUTER SPACE (TELECOMMUNICATION) MULTILATERAL INVESTMENT GUARANTEE AGENCY, NUCLEAR ENERGY, DUMPING AT SEA AND COPYRIGHT. WE COULD ADD THAT IN 1992 AND 1993 WE TENTATIVELY PLAN TO INITIATE CONSULTATION ON 18 OTHER AREAS OF LAW WITH A VIEW TO COMPLETING CONSULTATION BY 1994. THIS COULD INVITE A REQUEST FOR DETAILS OF THE 18 AREAS AND IF PRESSED WE COULD SAY THAT FURTHER WORK HAS TO BE DONE AND AMPLIFICATION WILL BE GIVEN THROUGH THE JLG OFFICE IN HK.
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2. WE PRESUME THAT WHEN YOU SAY IN PARA. 2 'THE COMING YEAR', YOU
MEAN TO THE END OF 1991.
3. WE AGREE WITH THE POINTS MADE IN PARAGRAPH 5 OF YOUR TELNO 1206, SUBJECT TO OUR CONCERNS ON HANDING OVER A FULL LIST OF LOCALISATION OF LAWS AS SET OUT ABOVE.
FORD
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