CONFIDENTIAL
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MDLIAN 084.1
DUTCH THEY BELIEVE THAT IT WILL BE ESSENTIAL TO AVOID HAVING TO GO THROUGH THE DIPLOMATIC CHANNEL AFTER 1997 WITH ALL THAT THAT WOULD IMPLY. THUS, WHILE THE TEXT OF ARTICLE 7(1) OF THE HONG KONG MODEL AGREEMENT HAS BEEN RETAINED, THE APPROPRIATE AUTHORITIES REFERRED TO IN THAT ARTICLE WILL BE THE CANADIAN
DEPARTMENT OF JUSTICE AND THE LEGAL DEPARTMENT IN HONG KONG. THE CANADIANS TOLD US THAT THIS WAS THEIR GENERALLY PREFERRED PRACTICE. BOTH THE CANADIANS AND OURSELVES ATTACH IMPORTANCE TO THIS AND TO OUR GETTING THE NEW PRACTICE ESTABLISHED AS SOON AS
POSSIBLE. THE CANADIAN HIGH COMMISSION IN LONDON WILL BE SENDING A
NOTE TO YOU ABOUT THIS SHORTLY.
RIGHT TO INSTRUCT
8.
EDWARDS REPEATED THE EXPLANATIONS HE HAD MADE IN OTTAWA IN MAY ABOUT THE PRC'S RIGHT, AFTER 1997, TO INSTRUCT IN CASES SUBSTANTIALLY AFFECTING THEIR RESPONSIBILITIES FOR FOREIGN AFFAIRS AND DEFENCE. THE CANADIANS EXPRESSED THEIR UNDERSTANDING
AND CONCLUDED THAT THEY DID NOT WISH TO SEE THIS RESERVED RIGHT
SPELT OUT IN THE AGREEMENT.
9. TEXT OF INITIALLED AGREEMENT IS IN TODAY'S BAG TO RIORDAN
(HKD). FULL REPORT OF THIS FINAL ROUND OF NEGOTIATIONS WILL
FOLLOW BY BAG TO THE DEPARTMENT IN DUE COURSE.
COMMENT
10. IT IS GOOD THAT WE HAVE BEEN ABLE TO INITIAL THIS AGREEMENT. IT MAY HELP IN OUR OTHER UPCOMING EXTRADITION NEGOTIATIONS TO SAY THAT AGREEMENT HAS BEEN REACHED WITH THE NETHERLANDS AND CANADA. WE WILL NOT REPORT THE AGREEMENT TO EXCO AND THEREAFTER PASS IT TO THE CHINESE SIDE UNDER COVER OF A SUITABLE EXPLANATORY PAPER.
WILSON
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