CONFIDENTIAL
051030
MDLIA 729
COMMONWEALTH LAW MINISTERS' MEETINGS THJEY APPARENTLY NOW CONSIDER THAT THEY CANNOT ABANDON THE TEST BECAUSE OF THEIR CHARTER OF RIGHTS. SMITH SAID HOWEVER THAT THEY WILL PROPOSE SOME CHANGES TO OUR MODEL TEXT WITH A VIEW TO RELAXING A LITTLE THE RULES RELATING TO THE TYPE OF EVIDENCE WHICH MAY BE ADMITTED TO SATISFY THE PRIMA FACIE TEST.
E) POLITICAL OFFENCES
WHILE THE CANADIANS HAVE NO BASIC PROBLEMS WITH ARTICLE 6 OF OUR MODEL, THEY MAY WISH TO PROPOSE AMENDMENTS DESIGNED TO EXCLUDE CERTAIN OFFENCES FROM THE APPLICATION OF THE ARTICLE. THEY NEVERTHELESS APPRECIATED OUR NEED TO AVOID WATERING DOWN THE EXCEPTION.
3.
WE ARE MUCH ENCOURAGED BY THIS FIRST EXCHANGE AND BELIEVE THAT IT SHOULD BE POSSIBLE FOR THE TWO DELEGATIONS TO REACH AGREEMENT ON THE TEXT AFTER ONE MORE ROUND. WE HAVE TENTATIVELY ARRANGED FOR THE CANADIANS TO COME TO HONG KONG FOR THE WEEK BEGINNING 28 OCTOBER NEXT.
OTHER MATTERS
4.
WHILE HE WAS HERE EDWARDS WAS ABLE TO HAVE VERY PRELIMINARY DISCUSSIONS WITH THOSE CONCERNED IN DEA AND JUSTICE ON MUTUAL LEGAL ASSISTANCE (BOTH CIVIL AND CRIMINAL) AND INVESTMENT PROMOTION AND PROTECTION. HE EXPLAINED THAT WE WERE NOT YET IN A POSITION TO HAND OVER DRAFT MODEL TEXTS BUT HOPED TO BE ABLE TO DO SO SHORTLY. THE CANADIANS WERE APPRECIATIVE AND CONFIRMED THAT THEY WERE KEEN TO PROCEED AS SOON AS POSSIBLE IN THESE AREAS.
FALL
YYYY
ΜΑΙΝ
72
LIMITED
NTCD
LEGAL ADVISERS
HKD
NAD
FED
MMNN
DISTRIBUTION
72
INFO D PUSD
CHIEF CLERK
SIR A WATTS
MISS SPENCER
MR ANDERSON
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