CONFIDENTIAL
10
1
MDLIAN 6521
ARGUE THAT ALL REQUESTS MADE TO HK FOR SURRENDER SHOULD BE NOTIFIED
AT THE TIME THEY ARE MADE, OR, PERHAPS, AT THE TIME THE OFFENDER IS ARRESTED. WE CONSIDER THAT SUCH AN ARGUMENT SHOULD BE RESISTED
SINCE A CONCESSION ON THIS POINT MIGHT VERY WELL LEAD TO PRESSURE ON THE BRITISH SIDE TO ACCEPT A RIGHT TO INSTRUCT AT THE EARLY
STAGES, AND IN ANY EVENT WOULD BE CONTRARY TO OUR DESIRE TO LIMIT THE CPG'S ROLE. MOREOVER, ROUTINE NOTIFICATION AT THE EARLY STAGE
EVEN WITHOUT A RIGHT TO INSTRUCT AT THAT STAGE:
(B)
(A) COULD LEAD TO PRESSURE BY CPG ON CE OR ON THE PROSECUTING
AUTHORITY IN THE ABSENCE OF THE FULL FACTS AND/OR AS A
RESULT OF ILL-INFORMED ALARM:
(B)
WOULD BE POINTLESS IN A CASE WHERE THE COURT LATER DECIDED
NOT TO COMMIT THE OFFENDER: AND
(C) WOULD NORMALLY BE VERY UNHELPFUL, GIVEN THAT FEW FACTS WERE
KNOWN ABOUT THE CASE AT THAT STAGE.
CHANNELS
WE HAVE PROPOSED THE MFA OFFICE IN HONG KONG AS THE CHANNEL FOR
ROUTINE NOTIFICATION BECAUSE OF THE CONVENIENCE. WE BELIEVE THAT
CASES SHOULD BE REFERRED TO THE MINISTER OF FOREIGN AFFAIRS AND THAT REQUESTS FOR REFERRALS OR, WHEN NECESARY, INSTRUCTIONS THEMSELVES SHOULD EMANATE FROM THE MINISTER BECAUSE IT WOULD BE INAPPROPRIATE FOR ANYONE OF EQUIVALENT OR JUNIOR RANK TO THE CE TO GIVE DIRECTIONS TO THE CE AND SINCE, OF THE POTENTIAL CANDIDATES FOR THIS ROLE, THE HKMAO, THE MINISTER OF JUSTICE, AND THE MFA, THE LAST MENTIONED IS BEST PLACED TO JUDGE WHETHER A CASE DOES INDEED
HAVE A BEARING ON FOREIGN AFFAIRS OR DEFENCE AND AT THE SAME TIME
CONSIDER HONG KONG INTERESTS.
(C) BLOCKING
5. IN THE OUTLINE PROCEDURES FOR HANDLING REQUESTS BY HONG KONG
WE HAVE SOUGHT TO PREVEN BLOCKING OF REQUEST BY CPG DIPLOMATIC REPRESENTATIVES. WITHOUT DIRECTIONS TO DIPLOMATIC REPRESENTATIVES AS TO WHEN THEY SHOULD OR NOT ACT THERE IS CONSIDERABLE POTENTIAL
FOR INCONSISTANCY IN APPROACH AND FOR DELAYS WHILST CONSULTATION TAKES PLACE.
(D) DEFINITION OF THE TWO AREAS
PAGE
2
CONFIDENTIAL
No comments yet.
Private notes are available after approval.