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already agreed with the Chinese, and then seek Chinese agreement that the Chief Executive of the SAR Government should be authorised to sign the treaties as soon as possible after 1 July 1997. Hong Kong propose to send a negotiating team to London this December to negotiate the draft treaties.
I should be grateful for your views, and those of all copy recipients, as to:
4.
(i) Whether there are any changes you would wish to see in the Hong Kong model treaty (bearing in mind that each change away from the model text will make it more difficult to secure Chinese agreement).
(ii) Whether you think there will be any transitional difficulties concerning the transfer of sovereignty in respect of Hong Kong to China, with regard to Mutual Legal Assistance, and whether you think there are any other steps we might undertake to overcome them.
I should be interested in particular to know whether the DTI feel there is a need for DTI input regarding Article VI (1) and (3) of the model treaty.
5.
6.
Detailed points can be pursued with Wendy Wyver of this department on 270-3287. A number of UK/HKSAR agreements will be discussed during a visit by a Hong Kong Government delegation beginning on 10 December. The time remaining to us and Legal Advisers to finalise the negotiating briefs is therefore very limited. With apologies for the short notice, I would be grateful if you could pass us your comments by 29 November at the latest.
Yours
ever,
pp.
CE Garrett
Hong Kong Department
cc: Mr McFadyen, Crown Office
Ms Howse, Serious Fraud Office
Mr C Hill, National Criminal Intelligence Service Ms Anna Godwin, DTI
Mr Rickard, Northern Ireland Office
Mr J R Peerless, Scottish Office
Mr Lawson, Inland Revenue
Mr Bowden, Treasury
Miss Brooks, Legal Advisers
Mr Simon Martin, SCD
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