Ms Foulds
COVERING CONFIDENTIAL
Reference
International and Commonwealth Section
RAD
Room OAB 2/77
Hexco31/9
53
APPLICATION OF INTERNATIONAL TREATIES TO HONG KONG
1.
Ms Barrett, Legal Advisers, has suggested that you might be able to shed some light on the following problem.
2.
We are in the process of consulting the Chinese over the continuing application after 1997 of the various multilateral treaties which presently apply to Hong Kong. In this context we have been considering the International Convention for the Regulation of Whaling (1946) and its Protocol (1956). Neither we nor NTCD have been able to establish whether this Convention and Protocol in fact apply to Hong Kong as they are both silent as to territorial application. The UK's instruments of ratification refer only to "the Government of Great Britain and Northern Ireland".
3. The question hinges on UK treaty practice in the 1940s and 50s. I attach past minuting and papers on this, on the basis of which Ms Barrett has expressed the view (her minute of 6 June) that it is highly probable that the Convention and Protocol do apply to Hong Kong. But we should be absolutely certain that this is the case. I should therefore be most grateful if you could clarify this point.
Chistypha Sainty
CJ Sainty
Hong Kong Department
WH305
270 3287
CODE 18-77
2 September 1991
CC:
Ms Barrett, Legal Advisers Mr Darby, NTCD
CYMAIO
TG
COVERING CONFIDENTIAL