TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 35

INTRODUCED?)

CONFIDENTIAL

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1

C)

2.

SINCE WE ASSUME (GIVEN THE CHINESE RESPONSE IN PEKING TELNO 1135) THAT WE ARE NOT GOING TO SECURE EXPERT TALKS BEFORE JLG VII, WE THINK THAT PARA 8 SHOULD END WITH AN OFFER OF EXPERT TALKS ON THE LINES THAT QUOTE AND SUGGESTS THAT ANY QUESTIONS OF DETAIL MIGHT BE USEFULLY EXPLORED IN AN EARLY MEETING BETWEEN EXPERTS UNQUOTE.

WE THINK THE DEFENSIVE MATERIAL IS VERY MUCH ON THE RIGHT LINES, AND HAVE THE FOLLOWING THOUGHTS:

A)

B)

C)

D)

ON YOUR A2 LAST SENTENCE WE PREFER QUOTE RECOGNISED AS SEPARATE UNQUOTE TO QUOTE REGARDED AS DISTINCT UNQUOTE.

ON YOUR A3 WE SUGGEST THAT QUOTE POSITION IN THE HKG STRUCTURE UNQUOTE BE REPLACED BY QUOTE RELATIONSHIP WITH THE

HKG UNQUOTE.

YOUR A5 WE THINK MIGHT BE STRENGTHENED SLIGHTLY BY DELETING ALL UP TO QUOTE IT UNQUOTE.

WE THINK A FURTHER DEFENSIVE LINE WOULD BE HELPFUL IN RESPONSE TO ANY QUESTION ARISING FROM PARA 5 OF YOUR NOTE ON THE LINES THAT QUOTE ARE YOU STRETCHING THE MEANING OF QUOTE THE JUDICIARY UNQUOTE BY EXTENDING TO MAGISTRATES ETC THE PROTECTION AFFORDED TO QUOTE JUDGES UNQUOTE (JD 65) IN

WE SUGGEST A SECTION III ANNEX 1 TO THE JD? UNQUOTE.

MAGISTRATES ETC (IE RESPONSE ON THE LINES OF QUOTE NO. REGISTRARS, COMMISSIONERS, ADJUDICATORS?) ARE ALSO MEMBERS OF THE JUDICIARY WHO EXERCISE JUDICIAL FUNCTIONS IN CERTAIN CLEARLY DEFINED AREAS (CAN WE SPECIFY?) IN THE NORMAL WAY

UNQUOTE.

HOWE

OCMIAN

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HONG KONG AGREEMENT: RESTRICTED

LIMITED

HD/HKD

HD/FED

RESEARCH DEPT.(FE)

DEP/HD PUSD

PS/LORD GLENARTHUR

MR MC LAREN

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MR GILLMORE

CONFIDENTIAL

COPIES TO:

MR FIFOOT, LEGAL ADVISERS