CONFIDENTIAL
015361
MDLIAN 3417
(III) WE PREFER THE DRAFT AS IT IS BECAUSE WE WANT TO BE CERTAIN THAT NO INSTRUCTIONS ARE GIVEN AT EARLIER STAGES OR IN RELATION TO ANCILLIARY MATTERS.
(IV) AGREED.
(V) OUR THINKING WAS THAT THE PROPOSED REQUIREMENT WOULD FOR PRACTICAL REASONS INJECT SOME SAFEGUARD AGAINST OVER FREQUENT
INSTRUCTIONS AND WOULD INTERFERENCE, MIGHT DISCOURAGE FRIVOLOUS
ALLAY ANXIETIES IN HK. HAVING SAID THAT WE AGREE THAT WE HAVE PUT IT TOO HIGH TO REQUIRE THE MINISTER'S PERSONAL ACTION ON EVERY OCCASION. WE PROPOSE TO REDRAFT THE PARAGRAPH TO READ:
. ·
SHALL BE HIS OR, IN HIS ABSENCE, THAT OF HIS AUTHORISED DEPUTY, AS SHALL.
REQUESTS THROUGH DIPLOMATIC REPRESENTATIVE
9. PARA 17. WE ENVISAGE COMMUNICATION MEANS AS AT PRESENT, E.G., TELEGRAM, BAG ETC. THIS QUESTION WILL HAVE TO BE CONSIDERED IN A WIDER CONTEXT.
CHANNELS FOR PROVISIONAL REQUESTS
10. PARA 18. THERE WAS A TYPOGRAPHICAL ERROR AND THE 2ND AND 3RD SENTENCES SHOULD BE ONE. IT WAS DESIGNED TO ENSURE
(I) THAT TREATIES ARE ADHERED TO WHEN THEY REQUIRE THAT REQUESTS ARE ROUTED THROUGH DIPLOMATIC CHANNELS: AND
(II) THAT NEVERTHELESS THE URGENCY OF PROVISIONAL REQUESTS IS RESPECTED SO THAT THE REPRESENTATIVE DOES NOT HINDER THEIR TRANSMISSION.
BUT, WE PROPOSE TO SIMPLIFY THE SENTENCE BY SUBSTITUTING AFTER ''BUT'', THE FOLLOWING:
EVEN IN SUCH A CASE THE REQUEST SHALL BE TRANSMITTED BY THE REPRESENTATIVE FORTHWITH.''
PARAS 6, 11 AND 12 OF ANNEX B
11. PARA 20. WE PREFER TO RETAIN PARA 6. WE SEE NO REASON WHY THE
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