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012116 MDLIAN 1901
PREFER TO DO WITHOUT THE PRIMA FACIE SAFEGUARD, WE BELIEVE THEY ARE READY TO ACCEPT IT AS PART OF A PACKAGE DEAL.
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(V) ARTICLE 15 ADDITIONAL GROUND FOR REFUSAL. THE AUSTRALIANS WERE RELUCTANT TO ACCEPT ALL THE BROAD GROUNDS SET OUT IN THIS ARTICLE. BUT WE BELIEVE AGREEMENT MAY BE POSSIBLE ON THE BASIS OF ARTICLE 7 OF THE DUTCH AGREEMENT.
RIGHT TO INSTRUCT.
5.
THE
EDWARDS EXPLAINED FULLY THE RIGHT OF THE PRC TO INSTRUCT CHIEF EXECUTIVE IN CASES ENGAGING THE FOREIGN AFFAIRS AND DEFENCE INTERESTS OF THE PRC AFTER 1997. THE AUSTRALIANS EXPRESSED THEIR UNDERSTANDING AND WILL CONSIDER WHETHER THEY WISH THIS TO BE REFLECTED IN THE AGREEMENT. OUR GUESS IS THEY WILL NOT.
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6. WE TENTATIVELY AGREED TO A SECOND AND HOPEFULLY FINAL ROUND OF NEGOTIATIONS FOR A WEEK IN MID-OCTOBER OR EARLY NOVEMBER. PRECISE DATES AND VENUE TO BE FIXED. IN THE MEANTIME THE TWO SIDES WILL EXCHANGE RE-DRAFTS OF VARIOUS PARTS OF THE AGREEMENT.
COMMENT
7. THE AUSTRALIANS SEEM KEEN TO CONCLUDE A SUITABLE AGREEMENT WITH US. WE BELIEVE WE HAVE OVERCOME THEIR INITIAL RELUCTANCE TO INCLUDE A LIST OF OFFENCES AND A PRIMA FACIE TEST. THEY SAID ON A NUMBER OF OCCASIONS THEY WOULD RATHER HAVE AVOIDED
INCLUDING A QUOTE VICTORIAN UNQUOTE AGREEMENT WITH US BUT EXPRESSED UNDERSTANDING WHEN WE EXPLAINED OUR VARIOUS CONCERNS. WE WERE ABLE TO EMPHASISE THE IMPORTANCE WE ATTACH TO THIS TO ALAN ROSE, THE PERMANENT HEAD OF THE ATTORNEY GENERAL'S DEPARTMENT WHO HOSTED A LUCH FOR OUR TEAM.
8. WHILE HE WAS HERE, EDWARDS TOOK THE OPPORTUNITY OF HAVING A FIRST AND CONFIDENTIAL EXCHANGE WITH THOSE CONCERNED ON INVESTMENT PROMOTION AND PROTECTION. THE AUSTRALIAN SIDE INDICATED THAT THEY WERE VERY INTERESTED IN CONCLUDING SUCH AN AGREEMENT WITH HONG KONG. EDWARDS SAID THAT AS SOON AS THE CHINESE HAD INDICATED THEIR FINAL AGREEMENT, HONG KONG'S MODEL AGREEMENT WOULD BE TRANSMITTED TO THE AUSTRALIANS. HE ALSO SAW DICK WOOLCOTT, PERMANENT HEAD OF DEPARTMENT OF FOREIGN AFFAIRS AND TRADE CAN OLD FRIEND). EDWARDS EMPHASISED THE IMPORTANCE FOR HONG KONG
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