GRS 530
26
CONFIDENTIAL
278
CONFIDENTIAL
FM UKMIS GENEVA
TO PRIORITY FCO
TELNO 207
OF 241527Z APRIL 1986
INFO PRIORITY HONG KONG, PEKING
Л
FCO TELNO 737: HONG KONG AND GATT: STATUS OF HONG KONG OFFICE
1. THE IMPORTANT POINT FOR HONG KONG IS THAT THEIR REPRESENTATIVE
TO GATT SHOULD BE CLEARLY IDENTIFIABLE AS OPERATING IN GATT IN HIS
OWN RIGHT OUT OF HIS OWN OFFICE. FOR NON-GATT MATTERS, THESE WILL CONTINUE TO BE THE RESPONSIBILITY OF THIS MISSION, NORMALLY WITH
THE PARTICIPATION OF MEMBERS OF HONG KONG OFFICE AS APPROPRIATE.
2. THIS BASIC POSITION NS ALREADY ASSURED, AS A RESULT OF OUR DECLARATION OF 23 APRIL AND THE IMMINENT NOMINATION OF CARTLAND AS
HONG KONG REPRESENTATIVE TO GATT. THE GATT SECRETARIAT HAVE
INFORMED US THAT CARTLAND AND THE OTHER MEMBERS OF THE HONG KONG
OFFICE WILL AUTOMATICALLY BE LISTED ON A SEPARATE PAGE HEADED HONG
KONG IN THE DIRECTORY OF GATT CONTRACTING PARTIES, BETWEEN HAITH- AND HUNGARY. THIS, COUPLED WITH HONG KONG'S SEPARATE SEATING IM
CATT AS FROM 28 APRIL, CONSTITUTES THE VISIBLE EVIDENCE OF CHANGE TO
WHICH HONG KONG NATURALLY ATTACH IMPORTANCE (HONG KONG TEL NO 1147,
PARAGRAPH 3).
3. HONG KONG MAY BE TECHNICALLY CORRECT IN SUPPOSING THAT IT WOULD
BE POSSIBLE FOR THE SWISS TO ACCORD THE HONG KONG OFFICE DIPLOMATIC
RIGHTS AND IMMUNITIES BY VIRTUE OF HONG KONG'S CP STATUS (HONG KONG
TUR, PARA 4) SUT WE AGREE THAT THE SWISS AUTHORITIES ARE LIKELY TO
BE RELUCTANT. DOTH THE US AND THE FRENCH DELEGATIONS TO GATT, FOR EXAMPLE, DERIVE THEIR PRIVILEGES FROM THE MAIN UN MISSION HERE, EVEN
THOUGH THEIR NAMES DO NOT APPEAR ON THE UN LIST.
4. THERE ARE ALSO THE PRACTICAL PROBLEMS YOU HAVE MENTIONED IN PARA
3 OF YOUR TUR. WE ARE NOT CLEAR WHAT, IF ANY, ADDITIONAL BENEFITS HONG KONG'S REPRESENTATIVES WOULD OBTAIN. AS YOU POINT OUT,
ANYTHING WHICH SUGGESTED THE ESTABLISHMENT OF THE HONG KONG OFFICE
AS AN INDEPENDENT DIPLOMATIC ENTITY WOULD BE UNVELCOME TO THE
CHINESE. SEPARATE DIPLOMATIC STATUS (EVEN IF ACCORDED) WOULD NOT
OBWATE THE NEED FOR HONG KONG'S REPRESENTATIVES TO APPEAR UNDER THE
OVERALL UK RUBRIC IN THE UN LIST (AS FOR EXAMPLE DOES OUR OWN
DISARMAMENT DELEGATION, ALTHOUGH IT OPERATES QUITE SEPARATELY HERE
UNDER ITS OWN AMBASSADOR.}
5. 1 SUGGEST THAT THE APPARENT CONTRADICTION BETWEEN PARAGRAPHS
5(B) AND PARAGRAPH 6 OF HONG KONG TUR CAN BE RESOLVED AS FOLLOWS:
(A)
HONG KONG REPRESENTATIVES TO ENJOY DUAL FUNCTIONS BOTH AS
REPRESENTATIVES TO GATT IN THEIR OWN RIGHT AND AS MEMBERS
OF A SEPARATE SUB-SECTION OF THE UK MISSION (AS NOW).
CONFIDENTIAL
HKK 122/1
RECEIVED IN REGIS HY
29 APR 1986