TNAG-1827-FCO40-2595-Mutual-legal-assistance-between-Hong-Kong-and-the-UK-and-USA-1988 — Page 57

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FM PEKING

TO PRIORITY FCO

TELNO 1228

OF 140744Z JULY 88

INFO PRIORITY HONG KONG

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MDLIAN 2551

YOUR TELNO 1853 TO HONG KONG AND HONG KONG TELNO 104: UK-CHINA JUDICIAL ASSISTANCE AGREEMENT.

1. MANY THANKS FOR THESE INSTRUCTIONS.

2. WHEN MISS BAILES CALLED ON HER ON 14 JULY. MME ZHANG HONG KONG OF TREATY AND LAW DEPARTMENT BEGAN BY SAYING THAT THE CHINESE WOULD BE VERY INTERESTED IN NEGOTIATIONG A JUDICIAL ASSISTANCE AGREEMENT WITH THE UK. EXPERIENCE OF DOING SO WITH A COMMON LAW COUNTRY WOULD USEFULLY COMPLEMENT THE AGREEMENTS ALREADY SIGNED WITH TWO CONTINENTAL COUNTRIES, FRANCE AND BELGIUM, AND ONE SOCIALIST COUNTRY, POLAND. THE CHINESE WOULD SUGGEST THAT WE STARTED WITH AN AGREEMENT LIMITED TO CIVIL AND COMMERCIAL COOPERATION, KEEPING OPEN THE POSSIBILITY OF AN AGREEMENT ON CRIMINAL MATTERS (POSSIBLY INCLUDING EXTRADITION) WHEN THE TIME WAS RIPE. THEY WOULD BE HAPPY IF THE UK SIDE WISHED TO TABLE A DRAFT ON THIS BASIS FOR THE MOMENT, THE CHINESE THEMSELVES WOULD REGARD CRIMINAL ASPECTS AS ''TOO DIFFICUL T BOTH BECAUSE OF COMPLICATIONS SUCH AS HONG AND BECAUSE THEIR DOMESTIC LAW RELATING TO SUCH MATTERS AS EXTRADITION WAS INCHOATE.

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KONG

3. MISS BAILES THEN DEPLOYED THE SPEAKING NOTE IN YOUR TELNO 1853 TO HONG KONG, POINTING OUT HOW CLOSELY OUR STARTING POSITION COINCIDED WITH THAT OF THE MFA. AFTER SOME DISCUSSSION, MME ZHANG AGREED IT WOULD MAKE SENSE TO START WITH AN EXPLORATORY MEMORANDUM FROM THE BRITISH SIDE RATHER THAN RUSHING INTO AN EXCHANGE OF DRAFTS. THE MFA WOULD RATHER WAIT, HOWEVER, UNTIL THEY HAD SEEN OUR PAPER BEFORE COMMITTING THEMSELVES ON WHAT THE NEXT STAGE MIGHT BE: I.E. A COUNTER-MEMORANDUM, MORE EXPLORATORY TALKS, OR A DIRECT TRANSITION TO DRAFTING.

COMMENT

COULD NOT

4. THE IRON WAS STRUCK WHILE IT WAS HOT AND THE ATMOSPHERE HAVE BEEN MORE CORDIAL. WE ASSUME WORK ON THE UK MEMORANDUM WILL NOW BE PUT IN HAND. IT WOULD BE HELPFUL TO HAVE SOME INDICATION OF WHEN IT MIGHT BE READY FOR PASSING TO THE CHINESE.

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