3.24
CONFIDENT HAL
FM HONG KONG
TO PRIORITY FCO
TELNO 1458
OF 130355Z MAY 86
Confidential
TOP COPY
(330)
INFO PRIORITY PEKING UKMIS GENEVA
UKMIS GENEVA (PLEASE PASS A COPY TO CARTLAND).
678
YOUR TELNO 737 AND UKMIS TELNO 207: HONG KONG AND GATT: STATUS
OF HONG KONG'S GENEVA OFFICE : PRIVILEGES AND IMMUNITIES.
PARAGRAPH 3 OF YOUR TUR DOUBTED WHETHER THE SWISS WOULD RECOGNISE
A HONG KONG GATT DELEGATION SEPARATE FROM UKMIS FOR PRIVILEGES
AND IMMUNITIES BY VIRTUE OF HONG KONG'S CP STATUS.
2. MR. BURROWS HAS NOW EXAMINED THE EXCHANGE OF LETTERS BETWEEN THE
SWISS GOVERNMENT AND THE GATT DIRECTOR-GENERAL OF 18 AUGUST 1977
(THE EXCHANGE) AND THE TEXT OF THE INTERIM ARRANGEMENT OF 19 APRIL
1946 WHICH, WE ARE ADVISED, EVENTUALLY BECAME THE AGREEMENT ON PRIVILEGES AND IMMUNITIES OF THE UN, CONCLUDED BETWEEN THE SWISS
FEDERAL COUNCIL AND THE UN SECRETARY-GENERAL ON 11 JUNE 1946 (THE AGREEMENT).
3. IN A FULL NOTE (COPY BEING CARRIED BY GOVERNOR'S PS AND FURTHER
COPY SENT TO CARTLAND), BURROWS ADVISES :
**BY VIRTUE OF THE EXCHANGE THE AGREEMENT IS TO APPLY TO GATT
BY ANALOGY. THERE MAY BE ROOM FOR ARGUMENT AS TO HOW THE ANALOGY
IS TO BE MADE IN THE CASE OF EACH PROVISION. HOWEVER IT IS REASONABLY
CLEAR THAT REPRESENTATIVES OF THE PARTIES TO THE GATT (AS
PROVISIONALLY APPLIED UNDER THE PROTOCOL OF PROVISIONAL APPLICATION), AND REPRESENTATIVES OF GOVERNMENTS THAT ARE DEEMED
TO BE CONTRACTING PARTIES, APE ANALOGOUS TO REPRESENTATIVES OF
MEMBERS OF THE UNITED NATIONS. ACCORDINGLY ARTICLE IV OF THE
AGREEMENT NOW APPLIES TO HONG KONG'S GATT REPRESENTATIVES."
सारार RECEN
DI
INDEX
122fb
PAGISTRY
16 MAY 1986
Aj8 16/5
-1-
Confidential
/CSQUARE