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a direct interest in this exercise, as
has been made evident to us in recent months. We need their detailed views and to know that we have their general support when we begin discussions with the Chinese side. Our hand with the Chinese would, I think, be strengthened if we were able to say that the commercial sector has a need for this or that. Also, we
we should try to avoid justified criticism that we failed to consult those whose interests are directly at stake in this matter.
5.
the
Crown
or
his
We would need to draw the terms of reference of the working party very tightly and to choose people of ability and discretion to be members. Any attempt by the Chinese to interfere at this stage would, of course, be firmly resisted. I envisage that the Working Party would be chaired by a Law Officer (probably LO(IL)). We would include
Solicitor representative, a suitably qualified and experienced barrister and solicitor (recommended respectively by the Bar Council and the Law Society), senior member of the Judiciary and one or more experienced solicitors from Banks and/or commercial organisations. Our Own China Law expert, Michael Palmer, would also be a valuable member. I would expect the Working Party to produce its recommendations within (say) four months of its starting working.
6.
I should be grateful to know whether you agree with this recommendation, having had the comments (if any) of those to whom I am copying this note.
c.c.
PA
97m
JF Mathews ) Attorney General
16.9.1991
UKREP JLG (Attn: Mr Tony Galsworthy) LO (IL)
AGC ADV 5050/38-C
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