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permission should be sought from and granted by the UK for Hong Kong to ratify the Covenants as a member of UN specialized agencies. The UK's permission for Hong Kong to become a party in its own right to the two Covenants
could be provided by amendment to the Letters Patent. Hong Kong's international obligations under the Covenants
then would acquire constitutional status for the period
prior to 1997.
Allowing Hong Kong to become a party to the
Covenants would fulfill the letter and spirit of the
Joint Declaration and Article 39 of the Basic Law which
provides that the Covenants shall remain in force in HK.
This step is also consistent with Annex I of the 1984
Joint Declaration providing that Hong Kong continue to
enjoy the ability to enter into international agreements
involving financial and cultural affairs. In addition,
Article 151 of the Basic Law permits Hong Kong after 1997
to enter into agreements on its own, under the name "Hong
Kong, China," with foreign states and international orga-
nizations in appropriate areas, including economic and
cultural fields.
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