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which I advised tom paras 2936. LINIO
in min
Im
was uplying & Mr. Sidité's letter below. I was mor directly
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Ms Walker, HKD
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advrielly denounce for the UK. but deliterally hep up a
treaty obligahin a respect of a dependent Writory.
FROM: Paul Fifoot
DATE: 10 May 1985
Possibly, but I am not convinced that Art 35 of the Convention is the crticle, except, 5/
HONG KONG: ILO CONVENTIONS
coness, for the self Goorming powers cose.
Pf.-28.2
1. I have three comments on Mrs Priest's minute.
First, I think
we should also quote the passage from Head XI of the Joint Declaration to the following effect:-
"International agreements to which the Peoples Republic
of China is not a party but which are implemented in Hong Kong may remain implemented in Hong Kong" SAR.
Secondly, although the agreement enters into force on exchange of ratifications, in fact the majority of its provisions do not come into effect until 1997. Thirdly, you may think it worthwhile correct ing the assumption that the SAR will only last for 50 years. That
is certainly not the proposition in Head I which confines itself, in this respect, to the negative proposition that Hong Kong's capitalist system and lifestyle shall remain unchanged for 50 years.
2. With regard to paragraph 1(a) of Mrs Priest's minute, I have had the benefit of seeing the material referred to by Miss Dimmond
(of which I attach a copy). I do not agree with the view expressed
by the ILO. Article 35.1 of the ILO Constitution provides that members undertake the Conventions which they have ratified shall be applied to the non-metropolitan territories for whose international relations they are responsible, subject to certain
exceptions. The exceptions are:-
(i)
(ii)
in respect of self-governing powers of a territory (which is not necessarily the same as a self-
governing territory); and
in cases where the Convention is inapplicable or requires adaptations to adapt it to local conditions.
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