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GRS 300
CONFIDENTIAL
DESKBY 02093OZ
CONFIDENTIAL HKK OZ/12 николора
FM UK MISSION NEW YORK 012335Z MAY 85 ·
TO IMMEDIATE FCO
TELEGRAM NUMBER 348 OF 1 MAY
INFO PRIORITY HONG KONG PEKING
TOP COPY
ку
YOUR TELNO 146: REGISTRATION OF HONG KONG AGREEMENT AT UN. 1. THE ANSWERS TO YOUR QUESTIONS IN PARA. 3 OF TUR ARE GIVEN IN GENERAL TERMS IN THE REGULATIONS ADOPTED UNDER ARTICLE 102 OF THE CHARTER AND THE COMMENTARY THEREON IN THE REPERTORY OF PRACTICE. WE HAVE HOWEVER CHECKED DISCREETLY WITH THE SECRETARIAT WHO CONFIRM THAT PRACTICE HAS NOT (NOT) CHANGED: IT IS OPEN TO ANY PARTY TO A TREATY TO REGISTER IT, JOINT OR DOUBLE REGISTRATIONS ARE NOT (NOT) COMMON BUT DO OCCUR, AND IN THE EVENT OF A DOUBLE REGISTRATION THE SECRETARIAT WOULD NOT (NOT) REJECT THE LATER SUBMISSION BUT WOULD INFORM THE REGISTERING STATE OFFICIALLY THAT THE TREATY HAD ALREADY BEEN REGISTERED ON SUCH-AND-SUCH AN EARLIER DATE.
2. CONTRARY TO WHAT IS SUGGESTED IN TUR, THE PRC HAS NEVER YET REGISTERED A BILATERAL TREATY. WE UNDERSTAND HOWEVER THAT A FIRST EVER BUNDLE OF 5 TREATIES IS NOW READY FOR REGISTRATION NEXT WEEK, PERHAPS SPECIFICALLY IN ORDER TO CREATE A ''PRACTICE' WHICH COULD THEN BE FOLLOWED WITH THE HONG KONG AGREEMENT LATER IN THE MONTH. WE HAVE ALSO GATHERED FROM SECRETARIAT SOURCES THAT THERE HAS BEEN A LIVELY DEBATE IN CHINA ABOUT THE LEGAL STATUS OF JOINT DECLARATIONS'' (NOT INCIDENTALLY LIMITED TO THE HONG KONG EXAMPLE) AND THAT THE DECISION TO REGISTER WITH THE UN IS DESIGNED AT LEAST IN PART TO SET THAT ISSUE TO REST NOW AND FOR THE FUTURE.
3. IT FOLLOWS THAT WE FORESEE NO (NO) PROBLEM WITH THE SCENARIO OUTLINED IN TUR. IF HOWEVER YOU ATTACH SUFFICIENT IMPORTANCE TO SIMULTANEOUS OR EVEN JOINT REGISTRATION, WE WOULD LIKE TO HAVE A CRACK AT THE CHINESE MISSION ABOUT IT. THE MOST EFFECTIVE WAY TO DO SO WOULD BE THROUGH HUANG JIA-HUA, THE NEW DEPUTY PR. BUT THIS WOULD HAVE TO BE DONE QUICKLY AS HE IS LIKELY TO LEAVE SOON FOR GENEVA IF AS EXPECTED HE IS ELECTED TO MEMBERSHIP OF THE ILC NEXT WEEK. GRATEFUL THEREFORE TO KNOW ASAP WHETHER WE HAVE AUTHORITY TO APPROACH THE CHINESE MISSION BEFORE THE END OF THIS WEEK.
THOMSON
HONG KONG AGREEMENT
LIMITED
HD/HKD
HD/FED
HD/PLANNING STAFF
HD/PUSD HDLUND
DEP HD/PUSD
RESEARCH DEPT (MR WALKER)
PS
PS/MR LUCE/
PS/PUS
SIR W HARDING
MR WILSON
SIR J FREELAND
MR J CROWLEY, PUSD
COPIES TO:(VIA ADR)
MR ROBERTS, NEWS DEPT
MR FIFOOT, LEGAL ADVISERS
MR MARTIN, ASST STAFF CABINET
OFFICE
MR MALLABY CABINET OFFICE MR DRC CHRISTOPHER. CABINET OFF. SIR P CRADDOCK, No. 10 DOWNING ST.
CONFIDENTIAL
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