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1)
ILO ref: ACD 2-02 Yr. ref: 6/OS 217/84
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0105 146/69 I wish to refer to your letter of 17 October 1984 by which you were good enough to communicate your Government's reports on the application of ratified Conventions in several non-metropolitan territories.
I note the statement on page 4 of the general report for Hong Kong that "As the United Kingdom denounced the ratification of Convention No. 95 on 16 September 1983, the Convention has ceased to apply to Hong Kong since 16 September 1984
Although the matter is not free from doubt, the Office has always. taken the view, on the basis of the provisions of paragraph 3 of article 35 of the ILO Constitution and of paragraph 4 of Article 20 of Convention No. 95, that denunciation of a Convention by the metropolitan power does not necessarily involve the automatic cessation of the obligations under a declaration of application to a non-self-governing territory, and that the government may, if it thinks fit, maintain in force the obligations accepted in respect of such a territory.
When the United Kingdom denounced Convention No. 95, it did so by reference to contemplated changes in the United Kingdom legislation and after consulting only the employers' and workers' organisations in the United Kingdom. We therefore had understood the denunciation as affecting only the obligations in relation to the United Kingdom and not those undertaken in respect of non-metropolitan territories.
I should be grateful if you would be so good as to inform me whether it was indeed your Government's intention that its denunciation of Convention No. 95 should also terminate its obligations in respect of the non-self-governing territories for whose international relations it is responsible. The same question arises in connection with the denunciation of Convention No. 94 in 1982.
6) 3·12.84.