Mr Darwin

Second Legal Adviser

11/1 49

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RA E Gordon, ECD (E)

From:

Date:

19 May 1987

CC:

Miss Shepherd, NTD

Mr Hill, HKD

Mr Hawes, Customs and

Excise

Miss Beald, Customs and

Excise

INTERNATIONAL CONVENTION ON THE HARMONISED COMMODITY DESCRIPTION

AND CODING SYSTEM

I was grateful for your comments, and those of Miss Shepherd,

on Julia King's minute of 13 April on procedures for UK

ratification, and for the extension of the Convention to dependent

territories.

1.

2.

At the risk of retracing familiar territory, it may be helpful if I were to set out my understanding of the rather complex

problems posed by Hong Kong's wish only partially to apply the

Harmonised System Convention:

a) The Chinese and the UK are agreed that Hong Kong is eligible

under Article 2(a)2 of the CCC to become a full member of the CCc.

It has been agreed that the UK and the Chinese will make a joint

demarche to the CCC Secretariat in June, with the aim of having

Hong Kong's application for full membership dealt with at the June

CCC sessions (Ottawa, 22-26 June).

b) Hong Kong is under the impression that it is ineligible to

become a Contracting Party to the HS Convention. Article 11 of

the HS Convention specifies that only States or Customs or

Economic Unions to which competence has been transferred to enter

into treaties in repect of some or all of the matters governed by

the HS Convention are eligible to become Contracting Parties.

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