NOV 11 '87 12:12 CCC/CCD BRUSSELS-BELGIUM
A
ACCESSION OF HONG KONG TO CCC CONVENTIONS
P.2
DRAFT
11.11.87
1. The admission 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 Conven- tions 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 Recommend- ations.
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 "Any State Momber of the Council and any State Member of the United Nations or its specialised agencies". The HS Convention is open, in particular, to "Member States of the Council".
4.
In the English version, many Recommendations are addressed to "Members"; Others are addressed to "States, whether or
version,
"Members" not
In the French Members".
generally referred to as "Etats membres".
are
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 applica- tion creates reciprocal obligations and is in the general interest (as witnessed by the references to States MambaTE of the United Nations or its specialised agencies).
strict
lagal
process
permit
Or
to
accession 6. However,
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.
«
For practical reasons, the Policy Commission may therefore wish to recommend that the Council adopt an interpretative Decision, as follows :
The Council,
Having regard to Article III (c) and (d) of the Convention establishing a Customs Co-operation Council,
Considering
that
the
and Conventions
Recommendations concluded as & result of its work should be
open for open accession or acceptance by all Members of the Council.
as
to
Decides that in all Conventions and Recommendations concluded
any reference of its work, result a
or "State Member of the "Member State of the Council" Council" or similar reference, appearing in the clauses be taken to concerning include a reference to all Members of the Council.
accession
or acceptance,
shall
B