TNAG-2829-FCO40-4082-Hong-Kong-Guangdong-nuclear-power-station--Daya-Bay--China-1993 — Page 256

CONFIDENTIAL

13,6703 MDHIAM 3808

SENIOR LEVEL TO SOUND OUT CHEN ZENGQING OF THE NUCLEAR STEERING COMMITTEE OFFICE. WE SUGGEST THAT THE EMBASSY MIGHT TAKE THE

FOLLOWING POINTS:

A)

B)

C)

D)

E)

WE REMAIN SERIOUSLY CONCERNED ABOUT THE CONFIDENTIALITY QUESTION. A GENERAL CONFIDENTIALITY VETO WOULD LIMIT UNACCEPTABLY OUR ABILITY TO DISCHARGE OUR HEALTH AND SAFETY RESPONSIBILITIES, AND WOULD BE HARD TO EXPLAIN IN HONG KONG. IF THERE IS TO BE CONFIDENTIALITY, WE MUST BE

ABLE TO EXPLAIN IT:

WE WOULD THEREFORE LIKE TO KNOW IN MORE SPECIFIC TERMS THE TYPE OF INFORMATION WHICH THE GUANGDONG SIDE MAY CLASSIFY AS CONFIDENTIAL AND THE KIND OF CIRCUMSTANCES UNDER WHICH THEY MAY APPLY THE PROVISION. WE NEED TO KNOW WHY THEY WOULD FIND IT NECESSARY TO DO SO. WE COULD FOR EXAMPLE UNDERSTAND THE NEED TO PROTECT COMMERCIALLY SENSITIVE INFORMATION. BUT WE CAN THINK OF NO OTHER CATEGORY OF INFORMATION FOR WHICH SUCH PROTECTION MIGHT BE JUSTIFIABLE:

IF THE GUANGDONG SIDE CAN GIVE US A SATISFACORY EXPLANATION ON (B) ABOVE, WITH CLEAR AND PUBLICLY QUOTABLE ASSURANCES THAT THE APPLICATION OF THE CONFIDENTIALITY PROVISION WOULD BE RESTRICTED TO TRULY SENSITIVE INFORMATION, WE WOULD BE PREPARED TO CONSIDER A CLAUSE IN OUR AGREEMENT BASED ON ARTICLE 5(3) OF THE

CONVENTION:

WE WOULD BE DOING SO ON THE UNDERSTANDING THAT THE GUANGDONG SIDE WOULD BE FORTHCOMING AND COOPERATIVE IN

THE DISCUSSION OF ON-SITE ISSUES:

WE WOULD LIKE TO WORK OUT WITH THE GUANGDONG SIDE CLEAR ADMINISTRATIVE GUIDELINES FOR CLOSE COORDINATION BETWEEN THE TWO SIDES ON THE RELEASE OF INFORMATION TO ENSURE THAT INFORMATION CAN BE RELEASED PROMPTLY WHEN NECESSARY:

F) IN THE EVENT THAT THE CONFIDENTIALITY QUESTION BECOMES A

SUBJECT OF PUBLIC DEBATE IN HONG KONG, THE NUCLEAR STEERING COMMITTEE OFFICE SHOULD BE PREPARED TO MAKE A PUBLIC STATEMENT TO CLARIFY THE CHINESE POSITION AND TO REASSURE THE HONG KONG PUBLIC:

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CONFIDENTIAL