TNAG-1994-FCO40-2841-Hong-Kong-extradition-laws-1989 — Page 7

for

consultation in cases involving the PRC's

defence or foreign affairs;

to safeguard the independence of Hong Kong's

prosecuting authority; and

(iii) to ensure that provisional

requests can

continue to be made without delay in cases Of

urgency (e.g. where a suspect may be about to

abscond).

INTERPRETATION

8.

The memorandum on requests to Hong Kong presented to

the Chinese side in June 1986 was drafted before agreement had

been reached on the right

right to instruct.

to routine

reference to consultation,

appropriate levels of decision making.

It contained по

notification or to

have now taken

account of these points and in both new Seca of outline

procedures have used the phrase "involve the defence or

foreign affairs of the PRC" to describe cases that fall within

the scope of the consultation process. In doing so we have

borne in mind the two sides' common understanding that the

cases in which instructions may be given will be care and

should fall within an area that is neither too narrow nor too

broad. We suggest that the description "involve" should be