CONFIDENTIAL
03361
MDLIAN 3417
TO THE CHINESE, IT WOULD BE DIFFICULT TO CHANGE THE APPROACH LATER. SUCH A CHANGE MIGHT BE DEEMED ADVISABLE ONCE OUR PRESENT PROPOSALS ARE VIEWED IN THE CONTEXT OF OUR ENTIRE LEGISLATIVE FRAMEWORK, OF WHAT TRANSPIRES DURING NEGOTIATIONS, AND OF WHAT FURTHER THOUGHTS WE MIGHT HAVE IN THIS AND, POSSIBLY, OTHER CONTEXTS ABOUT EXCLUDING CHALLENGE TO CPG DECISIONS.
CJA 1988
5. PARA 11. AGREED.
MODEL TEXT
6. PARAS 12 AND 13. WE ARE CONSIDERING YOUR POINT AND WILL REVERT.
COUNTRIES FOR FIRST NEGOTIATIONS
7. PARA 15. WE AGREE TO DELETE REFERENCE TO GEOGRAPHICAL SPREAD BUT PREFER TO RETAIN REFERENCE TO DIFFERENT TYPES OF JURISDICTIONS BECAUSE THAT IS A MATERIAL FACTOR IN OUR CHOICE OF LIST.
ANNEX A
8. PARA 16.
(I) AGREED.
(II) WE PREFER TO RETAIN THE THRUST OF THE PARAGRAPH:
(A) TO MAKE IT CLEAR THAT THERE SHOULD BE ROOM FOR CE TO CORRECT MISCONCEPTIONS UPON WHICH THE MINISTER MIGHT HAVE BASED HIS VIEWS:
AND
(B) BECAUSE WE WISH REASONS TO BE GIVEN (SEE PARA 8, OUR TELNO 482).
BUT, WE PROPOSE TO SIMPLIFY THE PARA AS FOLLOWS:
''AFTER RECEIPT OF THE MINISTER'S VIEW, AND FOLLOWING ANY NECESSARY CONSULTATION, THE CE SHALL MAKE HIS DECISION. HOWEVER, IF THE C.E. DOES NOT AGREE WITH THE MINISTER'S VIEW HE SHALL THEN INFORM THE MINISTER ACCORDINGLY. IF AFTER BEING SO INFORMED OF THIS THE MINISTER IS STILL OF HIS ORIGINAL VIEW HE MAY THEN ISSUE INSTRUCTIONS TO THE CE. THE CE'S DECISION SHALL THEN ACCORD WITH THE INSTRUCTIONS.''
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