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Para. 11 of paper (Ms. Brooks' para. 3)

S.

Regarding para. 11(a), we made the same proposal in the shipowner's liability paper, i.e. for the Governor

certify who are state parties to the convention, and the Chinese agreed to it. In addition, we have made the same proposal in several other papers handed over to the Chinese side and they have not objected to it. You or your legal advisers have not objected either. Therefore, subject to your agreement, we wish to maintain this form of wording.

Regarding para. 11(b), we accept Ms Brooks' advice that it is not appropriate that Hong Kong should specify which are the States whose aircraft for use for military purposes will be excluded from the scope of the amended Convention. We therefore propose to add at the end of the sentence proposing conferring this power on the Governor, the words "after consultation with the Secretary of State".

7.

We trust we have accepted the most important point of MS Brooks' advice. We therefore look forward to your early advice, preferably before 28 September, that you are now content for us to hand over the consultation paper to the Chinese side with the

to paragraph 11 (b) described in para 6 above.

C.C.

amendment

Yours

eve

Jennie

(Mrs Jennie Chok)

for Secretary for Constitutional Affairs

SES (Attn: Miss Jennifer Mak) DCA (Attn: Mr R Adcock) AGC, LALU (Attn.: Mr J F Wilson) LO(IL) (Attn: Mr James Hanratty) Crown Sol (Attn.: Mr M Scott) UKREP JLG

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