CONFIDENTIAL
160650 MDHIAN 8341
TAKE THE OPPORTUNITY TO MAKE POLITICAL STATEMENTS ABOUT THE BILL OF RIGHTS. WE WOULD NEED TO MAKE IT CLEAR TO THEM THAT WE COULD NOT COMMIT OURSELVES TO ACCEPT ANY COMMENTS THEY MIGHT HAVE.
9. OPTION (B) (INFORMAL BRIEFING) IS THE MIDDLE COURSE. BUT IT HAS OFTEN BEEN DIFFICULT TO DRAW THE LINE BETWEEN INFORMATION AND CONSULTATION, AND THERE IS AN OBVIOUS DANGER THAT THE CHINESE WILL SEEK TO BE FORMALLY CONSULTED. WE MIGHT ALSO RUN THE RISK OF UPSETTING THE CHINESE JLG TEAM FOR APPARENTLY BY-PASSING THEM.
10. OPTION (C) (NOT INFORMING THE CHINESE AT ALL) IS DEFENSIBLE ON THE GROUNDS THAT LEGISLATIVE AMENDMENTS ARE A MATTER FOR THE HKG, AND THAT WE ARE UNLIKELY TO GET ANY HELPFUL RESPONSE FROM THE CHINESE ANYWAY. BUT IT RUNS THE RISK THAT THE CHINESE WOULD ASK FOR CONSULTATION ONCE THEY WERE AWARE OF THE PROPOSED AMENDMENTS, AND ALSO CRITICISE US FOR NOT HAVING CONSULTED THEM IN THE FIRST PLACE.
11. ON BALANCE, THE SENSIBLE APPROACH SEEMS TO BE TO PROCEED ON A CASE BY CASE BASIS. THE AMENDMENTS TO THE TWO ICAC ORDINANCES ARE RELATIVELY MINOR. THEY HAVE ALREADY BEEN MENTIONED TO THE CHINESE. WE DO NOT THINK THAT ANY FURTHER INFORMATION OR CONSULTATION IS NECESSARY. IF THE CHINESE ASK ABOUT THE AMENDMENTS ONCE THEY HAVE BEEN MADE PUBLIC, WE WOULD OF COURSE BE PREPARED TO BRIEF THEM FULLY. WE PROPOSE TO CONSIDER THE CASE FOR CONSULTATION ON THE OTHER AMENDMENTS ONCE IT IS CLEAR HOW SUBSTANTIVE THEY ARE AND WHETHER OR NOT THE CHINESE HAVE REACTED IN ANY WAY TO THE PUBLICATION OF THE ICAC AMENDMENTS. WE WILL TELEGRAPH SEPARATELY ON EACH ORDINANCE WHEN WE ARE IN A POSITION TO DO SO.
12. UKREP JLG CONCURS.
13. GRATEFUL DETAILS DESKBY 11003OZ.
WILSON
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