Mr Paul,

√1/3

Legal Advisers' n confirmation.

FATE HKD 213

RECEIVED IN REGISTRY

Medson,

P.fs please.

J26/2

fa.

8

5 MAR 1991

FROM

DESK OFFICER INDEX

PA

K199

Legal Counsellor 270 3069

DATE 25 February 1991

Miss S Brooks

3)اس

Mr Morris

HKD

fo

DEPENDENT TERRITORIES/AND THE EUROPEAN COMMUNITY

1.

You ask me to confirm that there is no Hong Kong dimension involved in the recent decision of the European Court of Justice affecting the relationship between Community law and the law in certain dependent territories. The name of the case is Kaefer & Procacci v. Etat Francais. I can confirm that Hong Kong is not affected because Hong Kong was deliberately omitted from the list of British territories added to Annex IV to the EEC Treaty upon United Kingdom accession. Hong Kong was omitted partly for reasons of Chinese sensitivities and partly because Hong Kong, unlike the OCTS listed in Annex IV, is not a developing country. For Community purposes, Hong Kong is a "third country".

Shelagh Brooks

S Brooks

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