RESTRICTED

RESTRICTED

FM FCO

TELNO 84

TO DESKBY 14080OZ UKMIS VIENNA

OF 13145OZ OCTOBER 87

INFO PRIORITY HONG KONG

91

HULD 385

RECEIVI

-GISTRY

3 0 OCT 1987

015611 MDHOAN 0343

CER

FOR MOSS. PLEASE PASS TO MULLOY, HONG KONG COMMISSIONER FOR NARCOTICS.

UN CONVENTION ON PSYCHOTROPIC SUBSTANCES 1971:

EXTENSION TO HONG KONG.

1.

WITH REFERENCE TO TELECON MULLOY/ARKWRIGHT,

FOLLOWING IS A

SUMMARY OF LEGAL ADVISER'S VIEWS ON EXTENSION TO HONG KONG OF

1971 CONVENTION

QUOTE. THE PURPOSE OF ARTICLE 28 OF THE PSYCHOTROPIC CONVENTION IS TO REFLECT THE PROBABILITIES OF THERE BEING SEPARATE

LEGISLATION AND SEPARATE ADMINISTRATIONS, AND IT FOLLOWS THAT WHERE WE EXTEND THE PSYCHOTROPIC CONVENTION TO DEPENDENT TERRITORIES, IT WOULD ACCORD WITH THE PROBABLE INTENTION OF THE CONVENTION, THAT IF WE WISHED THE DEPENDENT TERRITORIES TO BE TREATED SEPARATELY WE SHOULD DECLARE THEM AS SEPARATE REGIONS FOR

THE PURPOSES OF THE CONVENTION.

IT WILL SUIT HONG KONG'S PURPOSE TO ADVANCE THAT CONSTRUCTION

SINCE CHINA IS ALSO A PARTY TO THE PSYCHOTROPIC SUBSTANCES

CONVENTION. AND HONG KONG WILL WISH TO MAINTAIN ITS SEPARATENESS OF ADMINISTRATION AFTER 1997. IF CHINA IS WILLING TO GO ALONG WITH THAT CONSTRUCTION, THE LANGUAGE OF THE CONVENTION SHOULD NOT BE A PROBLEM: THE LANGUAGE IN ARTICLE 28 HAS NO QUOTE

COLONIAL UNQUOTE ASSOCIATIONS. BUT THIS CONSTRUCTION IS NOT A

COMPELLING ONE AND WE WILL HAVE TO SEE HOW THE CHINESE REACT WHEN WE CONSULT THEM UNDER THE GUIDELINES. UNQUOTE.

2.

AS WE WERE UNABLE TO CONTACT MULLOY THIS AFTERNOON, PLEASE ENSURE THAT HE RECEIVES THE MESSAGE TO TELEPHONE HONG KONG

DEPARTMENT BEFORE HIS MEETING WITH THE CHINESE. WE FEEL IT IS

PREFERABLE THAT HE SHOULD NOT/NOT FLOAT WITH THE CHINESE ANY

IDEAS ON HONG KONG'S FUTURE STATUS UNDER THE UN CONVENTION.

THERE IS AN AGREED FORUM AND PROCEDURE FOR SUCH CONSULTATION IN THE JLG SUB-GROUP ON IRO, AND THE CONVENTION HAS NOT/NOT YET TACKLED THERE.

BEEN

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