1
HKC031/10
RECEN
11 DEC 1990
pa 031/10 14 101010
вы
18/12
91
From:
Paul Fifoot
Legal Advisers
tead letter
Ms
Major,
to Ms Braunton &
20 November refes,
Date:
5 December 1990
HKD
HONG KONG: INTERNATIONAL AGREEMENTS
I fear the matter is a little less straightforward than your draft reply suggests.
1.
2.
-
The Guidelines are designed to deal with cases where the UK intends to apply to Hong Kong an international agreement relevant to Hong Kong see paragraph 1 headed "Scope of Consultation". Paragraph 2 of the Guidelines is, for the most part, concerned with the procedure to implement paragraph 1. Paragraph 2 (4) of the Guidelines, however, provides for consultation in advance on "amendments or modifications to existing international rights and obligations" (by implication which have extended to Hong Kong) if they are "substantial or significant for Hong Kong". This paragraph 2(4) gives rise to a problem. Is it intended to apply only to those amendments and modifications which may extend to Hong Kong by virtue of an act of the United Kingdom, or does it also apply to amendments and
modifications which will extend irrespective of the action of the United Kingdom?
3.
There are, in the present context, three ways in which an international agreement may be amended in such a way that the amendment would extend to Hong Kong. First, the agreement may establish a "legislature", eg consisting of representatives of some or all of the parties to the agreement. That "legislature" may make amendments to the agreement, or to sub-agreements established under the agreement, which will come into force, if they have a sufficient majority vote in the "legislature", without any separate act of the State parties. This is the case with amendments to the Annexes to the Chicago Convention. The Council of ICAO (which consists of representatives of 30 contracting States) may, by a two-thirds vote, adopt amendments to the Annexes and submit them to the contracting States. 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. The 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 Covention having been applied
6PFABD
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