RESTRICTED
Fill
HKK 040/12.
150
Mr Palmer, News Dept
FROM:
DATE:
WG Ehrman, HKD
13 June
1985
in
dri
REGISTRATION OF THE HONG KONG AGREEMENT AT THE UN
1.
The announcement which you will make at the news conference today should read:
"In accordance with our obligation under Article 102 of the UN Charter, The United Kingdom Mission to the United Nations registered on 12 June with the UN Secretariat in New York the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the question of Hong Kong. The Chinese Mission to the United Nations registered the Joint Declaration simultaneously. We welcome this. The registration ceremony was attended by the British and Chinese Permanent Representatives to the United Nations. This early action to register the Joint Declaration underlines once again the serious commitment of the two sides to its full implementation.
2.
The supplementaries should read:
"Which documents were registered?
The Joint Declaration and its three annexes.
Why not the Exchange of Memoranda?
1
The Memoranda are associated with the Agreement but do not form a part of it.
7
Significance in UN terms?
Article 102 of the United Nations Charter enjoins on members of the United Nations the obligation to register every treaty and international agreement entered into by them. The Hong Kong Agreement is a legally binding international agreement. As such we and the Chinese have registered.it.
Is the agreement now justiciable? (Defensive) Article 102 makes clear that once international agreements are registered they may be invoked before any organ of the United Nations. (If pressed) Whether the ICJ could consider any dispute over the agreement would depend on whether both parties were willing to submit particular issues to it. (Unattributable) The UK has made a declaration under Article 36 of the Statute of the ICJ generally recognisin g as compulsory the jurisdiction of the court. China has not made such a declaration."
13 June 1985
L.G. Emman
W G Ehrman
Hong Kong Department