CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 4328
TOP COPY
CONFIDENTIAL
Q DIST ?
OF 160935Z NOVEMBER 87
INFO IMMEDIATE PEKING, BRUSSELS
11
MKC esti
RECEIVED IN REGISTRY
19 NOV 1987
DESK OFFICER
REGISTRY
INDEX
PA
Action Taken
95
142133
MDHIAN 6026
BRUSSELS FOR WEBB-JOHNSON,
YOUR TELNOS 3001 AND 3002 : HONG KONG AND ACCESSION TO CCC CONVENTIONS
IT IS UNFORTUNATE THAT LI'S TELEX REFERRED IN PARAGRAPH 1 OF FIRST TUR GAVE THE IMPRESSION THAT THE HONG KONG GOVERNMENT HAD ALREADY REACHED A DECISION TO SEEK ACCESSION TO THE VARIOUS CCC CONVENTIONS AND TO REQUEST THE CCC SECRETARIAT TO PURSUE THE PROPOSALS SET OUT IN THE DRAFT POLICY COMMISSION PAPER IN SECOND TUR. THIS IS NOT (NOT) THE CASE. THE QUESTION OF HONG KONG'S ACCESSION TO VARIOUS CCC CONVENTIONS WAS DISCUSSED AT A TECHNICAL LEVEL BETWEEN OUR CUSTOMS AND EXCISE DEPARTMENT AND THE VISITING TECHNICAL DIRECTOR (GOLTSCHLICH) DURING THE LATTER'S RECENT VISIT TO HONG KONG. LI'S TELEX WAS A FOLLOW-UP TO THAT DISCUSSION. WE UNDERSTAND THAT OUR COMMISSIONER OF CUSTOMS AND EXCISE HAS NOT ISSUED THE FORMAL LETTER SUGGESTED IN LI'S TELEX.
2. AS ACCESSION TO THESE CONVENTIONS WILL INVOLVE NEW INTERNATIONAL RIGHTS AND OBLIGATIONS AFFECTING HONG KONG, WE WOULD NEED TO CONSULT THE CHINESE SIDE FIRST UNDER THE AGREED GUIDELINES. WE SHOULD ALSO CONSIDER THE FULL IMPLICATIONS FOR HONG KONG AND TOUCH BASE WITH THE CHINESE BEFORE OUR WISH TO ACCEDE TO THESE CONVENTIONS WAS USED AS REASON FOR THE INITIATIVE SET OUT IN THE DRAFT POLICY COMMISSION PAPER. WE AGREE WITH YOUR COMMENTS IN PARA. 2 OF FIRST TUR THAT THE CHINESE WOULD IN ANY CASE LEGITIMATELY EXPECT PRIOR CONSULTATION EVEN IN RESPECT OF THE TECHNICAL PROPOSALS CONTAINED IN THE DRAFT POLICY PAPER AS IT WOULD BE OBVIOUS THAT THESE PROPOSALS ORIGINATED FROM HONG KONG'S INTENTION TO ACCEDE TO CCC CONVENTIONS. WE ARE NOW LOOKING INTO THE FULL IMPLICATIONS OF THE VARIOUS ACCESSION PROPOSALS AND THE CONTENTS OF THE DRAFT POLICY COMMISSION PAPER AND WILL REVERT TO YOU WITH OUR CONSIDERED VIEWS AS SOON AS POSSIBLE. MEANWHILE, WE WILL ASK THE CCC SECRETARIAT NOT TO PURSUE THE MATTER UNTIL FURTHER NOTICE. IT WOULD BE USEFUL IF YOU WOULD ALSO RELAY A SIMILAR MESSAGE THROUGH YUR CHANNELS.
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3. OUR OWN LEGAL ADVICE IS THAT IT IS QUESTIONABLE WHETHER, ACTING
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