95
CONFIDENTIAL
135210
MDHOAN 2864
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG TELNO 3002
OF 131415Z NOVEMBER 87 INFO IMMEDIATE PEKING
MKC 111
RECEIVED IN REGISTRY
19 NOV 1987
DESK OFFICER
REGISTRY
INDEX
PA
Action Taken
MIPT: HONG KONG AND ACCESSION TO CCC CONVENTIONS
1.
TOP
Q DIST /
FOLLOWING IS TEXT OF DRAFT CCC POLICY COMMISSION PAPER:
BEGINS
ACCESSION OF HONG KONG TO CCC CONVENTIONS
1.
THE ADMISSSION OF HONG KONG AS A SEPARATE MEMBER WAS POSSIBLE BECAUSE OF THE SPECIAL PROVISIONS CONTAINED IN ARTICLE II OF THE BASIC CONVENTION.
·
2. HONG KONG HAS NOW INFORMED THE SECRETARIAT THAT AS A MEMBER OF THE CCC IT WISHES TO HAVE ACCESS TO VARIOUS CCC CONVENTIONS AS A CONTRACTING PARTY. IT HAS EXPRESSED PARTICULAR INTEREST IN THE HS, NAIROBI, KYOTO AND ATA CONVENTIONS. THIS INTEREST MAY EXTEND
TO ACCEPTANCE OF CERTAIN RECOMMENDATIONS.
3. NONE OF THE CONVENTIONS CONCLUDED UNDER THE AUSPICES OF THE CCC CONTAINS PROVISIONS SIMILAR TO THOSE REFERRED TO ABOVE. MOST OF THEM SPECIFY THAT THEY ARE OPEN TO QUOTE ANY STATE MEMBER OF THE COUNCIL AND ANY STATE MEMBER OF THE UNITED NATIONS OR ITS SPECIALISED AGENCIES UNQUOTE. THE HS CONVENTION IS OPEN, IN PARTICULAR, TO QUOTE MEMBER STATES OF THE COUNCIL UNQUOTE. 4. IN THE ENGLISH VERSION, MANY RECOMMENDATIONS ARE ADDRESSED TO QUOTE MEMBERS UNQUOTE: OTHERS ARE ADDRESSED TO QUOTE STATES, WHETHER OR NOT MEMBERS UNQUOTE. IN THE FRENCH VERSION, QUOTE MEMBERS UNQUOTE ARE GENERALLY REFERRED TO AS QUOTE ETATS MEMBRES
UNQUOTE.
5. IT SEEMS CLEAR THAT IT IS IN THE SPIRIT OF THE OBJECTIVES OF THE COUNCIL THAT ALL THESE INSTRUMENTS BE OPEN, AT LEAST, TO ALL MEMBERS OF THE COUNCIL. ANY EXTENSION OF THEIR APPLICATION CREATES RECIPROCAL OBLIGATIONS AND IS IN THE GENERAL INTEREST (AS WITNESSED BY THE REFERENCES TO STATES MEMBERS OF THE UNITED NATIONS OR ITS SPECIALISED AGENCIES).
6.
HOWEVER, STRICT LEGAL PROCESS TO PERMIT ACCESSION OR ACCEPTANCE BY HONG KONG WOULD BE LONG AND COMPLEX: IT WOULD ENTAIL SCRUTINY OF EACH CONVENTION WITH A VIEW TO PREPARING AMENDMENTS OR PROTOCOLS FOR ACCEPTANCE BY EACH CONTRACTING PARTY ACCORDING TO ITS OWN CONSTITUTIONAL PROCEDURE.
7.
FOR PRACTICAL REASONS, THE POLICY COMMISSION MAY THEREFORE
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