DIEU
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without any separate act of the State parties. This is the case with the example you raise of amendments to the Annexes to the Chicago Convention. Unless a majority of the contracting States register their disapproval, the amendment will come into force. There is no need for contracting States positively to adopt or accept the amendments. United Kingdom would, therefore, not be in a position of intending to apply the amendment to Hong Kong and having to perform a specific act to give effect to its intention. The Chicago Convention having been applied to Hong Kong, amendments so made would take effect in respect of Hong Kong as with any other territory where the Convention has effect.
4.
In these circumstances, our Legal Advisers consider that, since the extension of the agreement to Hong Kong also involves the extension of an internal conventional system for amendment, and no act of the United Kingdom is involved, paragraph 2 (4) of the guidelines does not apply - indeed cannot apply because no act of the United Kingdom alone could prevent the amendment affecting Hong Kong and, therefore, there is no purpose in consultation.
5.
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An example of the second method of amendment is the manner in which the Chicago Convention itself, not its Annexes, may be amended, ie amendments only come into force in respect of States which ratify the amendments. Where amendments are to structure provisions, such as in the case of Article 50 (a), that hardly gives rise to a matter of substance or significance for Hong Kong. We do not think paragraph 2 (4) of the Guidelines would therefore apply. However, there could conceivably be a case where such an amendment, if it related to the substantive rather than the structural provisions of the Chicago Convention, might have substantial or significant effect for Hong Kong. In that event, we would need to ascertain whether the UK ratification of the amendment applied to Hong Kong and, if so, we might find it desirable, if not necessary, to consult the Chinese in accordance with paragraph 2(4). It would be helpful if you could alert us of any such cases, should they arise.
6.
The third method of amendment - a protocol or additional convention is the most straightforward case. Both would require ratification by States and would clearly fall under the Guidelines, either the main provision or paragraph 2(4).
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ROEAJC