OO HONG KONG
GRS 217
CONFIDENTIAL
FM FCO 311605Z MAY 85
CONFIDENTIAL
TO PRIORITY HONG KONG, UKMIS GENEVA
TELEGRAM NUMBER 763 OF 31 MAY
AND TO UKMIS GENEVA
TOP COF
#KK 04224
RECEIVE Y
-3 JUN 1985
guita
INFO PRIORITY PEKING, UKREP BRUSSELS, BRUSSELS (FOR JONES),
WASHINGTON
YOUR TELNO 1043: HONG KONG'S FUTURE POSITION IN THE GATT AND CCC:
DRAFT EXCO MEMORANDUM
1. WE NOTE YOUR RESERVATIONS ABOUT THE PHRASE QUOTE MAY BE
DEEMED UNQUOTE IN THE DRAFT UK DECLARATION TO THE GATT. WE FEAR
HOWEVER THAT 'SHOULD' MIGHT BE OPEN TO THE SAME MISINTERPRETATION
AS 'MAY' (IE HONG KONG SHOULD BUT MAY NOT NECESSARILY BE DEEMED
ETC). NOR DO WE FAVOUR 'SHALL' WHICH COULD BE READ AS A UK
DIRECTIVE TO OTHER CONTRACTING PARTIES.
2. IT SEEMS TO US THAT A SOLUTION TO OUR DIFFICULTY MIGHT BE TO
AMEND THE THIRD SENTENCE OF THE UK DECLARATION TO READ AS
FOLLOWS:
BEGINS IT FOLLOWS THAT IN ACCORDANCE WITH THE SAID ARTICLE, HONG
KONG WILL, WITH EFFECT FROM THE DATE OF THIS COMMUNICATION, BE
DEEMED TO BE A CONTRACTING PARTY TO THE AGREEMENT. ENDS
'WILL' LEAVES NO ROOM FOR AMBIGUITY BUT DOES NOT CARRY THE
SENSE OF A DIRECTIVE THAT 'SHALL' DOES. IT MERELY STATES A
FACT THIS WOULD ACCORD WITH ARTICLE XXVI (5) BY THE TERMS OF WHICH
HONG KONG WOULD BE ESTABLISHED AS A CONTRACTING PARTY ONE THE UK
HAS MADE THE APPROPRIATE DECLARATION.
3. WE SHOULD BE GRATEFUL IF UKMIS GENEVA WOULD COMMENT URGENTLY
ON THIS VIEW.
HOWE
NNNN
DISTRIBUTION
LIMITED
HKD
FED
ECD(E)
PS
Ukmice phoned to thuman
sand they would the cannelie on this
COPIES TO:
HKGO, LONDON
т
text on 4
MR FIFOOT, LEGAL ADVISERS
MIS WILMSHURTS, LEGAL ADVISERS
A J PRYOR ITP1 DTI
MRS HEALD HMCE MARK LANE EC4
т
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m 36.
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PS/LUCE
MR WILSON
CONFIDENTIAL