TNAG-1994-FCO40-2841-Hong-Kong-extradition-laws-1989 — Page 146

CONFIDENTIAL

015361

MDLIAN 3417

CHINESE WOULD OBJECT. ALSO, GIVEN THE ABSENCE OF SAFEGUARDS (PUBLIC AND JUDICIAL SCRUTINY) IN THE PROCESS WE THINK IT DESIRABLE THAT REASONS BE GIVEN. THERE IS ALSO THE PRACTICAL ADVANTAGE OF AVOIDING MISUNDERSTANDING. ON PARA 11 WE PROPOSE REDRAFT AS IN PARA 8(V) ABOVE. PARA 12 REFLECTS THE VERY REASON WHY WE HAVE IN THE FIRST PLACE PROFFERED THE IDEA OF INSTRUCTIONS, NAMELY THE DESIRABIL- ITY OF CERTAINTY, AND IS THE ONLY QUID PRO QUO WE ARE INSERTING FOR OUR CONCESSION. HOWEVER, WE CAN SOFTEN THE LANGUAGE BY SUBSTITUTING ''SAVE AS ABOVE'' FOR OTHERWISE THAN

PROCEDURES,'

TIMING OF NOTIFICATION AND INSTRUCTIONS

TI

12. PARA 22. WE THINK CPG COULD BE INVOLVED AT EARLIER STAGES. FOR EXAMPLE, CPG MIGHT FOR ITS OWN REASONS WISH A REQUEST (WHICH MIGHT BE TRIVIAL AND WOULD NOT OTHERWISE BE PURSUED) TO BE PURSUED AND INSTRUCT THAT A WARRANT BE REQUIRED.

CHANNELS

13. PARA 23. WE THINK YOURS IS A GOOD IDEA AND PROPOSE TO REPLACE ''MFA OFFICE IN HONG KONG'' BY ''SARG OFFICE IN PEKING'' THROUGHOUT

REFERENCES TO THE 2 AREAS

14. PARA 25. ON REFLECTION WE TAKE YOUR POINT AND PROPOSE TO USE INSTEAD THE PHRASE INVOLVING THE DEFENCE OR FOREIGN AFFAIRS OF THE CPG'' (WITH CONSEQUENTIAL AMENDMENTS) IN THE 2 ANNEXES. BUT WE THINK IT IMPORTANT TO SEEK SOME AGREEMENT AGAINST LIBERAL USE OF THE PROCEDURES. WE PROPOSE TO DO SO BY REDRAFTING THE LAST SENTENCE OF PARA 6 OF THE COVERING PAPER TO READ:

'INVOLVING THE

''IN THE NEW OUTLINE WE HAVE USED THE PHRASE DEFENCE OR FOREIGN AFFAIRS OF THE CPG' TO DESCRIBE CASES THAT FALL UNDER THE SCOPE OF THE OUTLINE. IN DOING SO WE HAVE BORNE IN MIND THE TWO SIDES' COMMON INTENTION THAT THE CASES IN WHICH INSTRUCTIONS MAY BE GIVEN WILL BE RARE AND SHOULD FALL WITHIN AN AREA THAT IS NEITHER TOO NARROW NOR TOO BROAD. WE ALSO THINK IT IMPORTANT THAT THE DESCRIPTION 'INVOLVING' SHOULD BE UNDERSTOOD TO MEAN ''SINGNIFICANTLY AFFECT'' RATHER THAN MEANING SOME ''TRIVIAL OR REMOTE EFFECT''.

YOUR FURTHER VIEWS ON THE WAY FORWARD AND THE TEXT OF

15. IT SEEMS TO US THAT SUBJECT TO ABOVE WE ARE LARGELY AGREED ON THE THE PAPER FOR THE CHINESE. ON THIS BASIS WE ARE PREPARING FOR SUBMISSION TO THE EXCO.

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