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Mr Gift
FUTURE OF HONG KONG:
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Mr. Maria his
Pi:
REAPPRAISAL OF STRATEGY
Thank you for your minute of 26 August.
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It is impossible to give a generalised answer to the questions raised in paragraph 4 of your minute. Hong Kong's position in particular international organisations depends upon the terms of the constituent instrument of the organisa- tion. In general terms, the membership of international organisations is normally confined to independent States. However, the constitutions of particular organisations may make provision for associate membership for territories which are not responsible for the conduct of their international relations. One really has to look at the current status of Hong Kong in relation to particular organisations and the terms of the constituent instruments of those organisations before seeking to determine how Hong Kong could be fitted in in its new status. For example, Hong Kong is currently, I believe, a full member of the World Meteorological Organisation, a full member of the Asian Development Bank and an associate member of the International Maritime Organisation (IMO). In other cases, the terms of the constituent instrument of an international organisation may have been extended to Hong Kong as being a territory for whose international relations the UK is responsible. The particular case of GATT is con- sidered in FCO telegram No.697 of 26 July to Hong Kong.
3. In some instances, it may be possible (but this would have to be negotiated with the Chinese) to have it accepted that, where Hong Kong is already a member or an associate member of an international organisation, she could remain as such, possibly with a change of name to "China (Hong Kong)". In other instances, however, the terms of the constituent instrument, unless it is amended, may require that Hong Kong be represented in the organisation, in a formal sense, by either the UK or China.
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What I suggest we do is to ask Research Department to prepare urgently a paper indicating Hong Kong's present status in relation to those international organisations where we have a particular interest in wishing to maintain Hong Kong's current status. The Legal Advisers can then look at the position more carefully in relation to each organisation with a view to advising on what, constitutionally, can be done.
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Finally, you ask whether a territory with sovereignty vested elsewhere can conclude international agreements.
The
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