DIVJADI

Reference

Item 19.8

Dr Young, Legal Advisers

UK RATIFICATION OF INTERNATIONAL TELECOMMUNICATIONS UNION (ITU)

CONVENTION AND CONSTITUTION, NICE 1989

1. The DTI intend to ratify the ITU Constitution and Convention adopted at the ITU Plenipotentiary Conference in Nice in 1989. We recently consulted dependent territories to ask if they wished to be associated with HMG's instrument of ratification, which will mention the dependent territories by name.

2. Replies are still outstanding from Anguilla, Hamilton and Grand Cayman. The problem is, however, that Hong Kong need to consult the Chinese (telegram attached). The DTI are concerned that this will delay their timetable for proceding with ratification: they want to seek the Trade and Industry Secretary's approval, in mid-November, to lay a Command Paper before Parliament, under the Ponsonby Rule.

3.

I should be grateful if you could advise those whether it would be feasible for the UK to ratify on behalf of dependent territories which have expressed a wish to be included in the UK instrument of ratification, and to include the remainder at a later date. Would some kind of reservation be necessary at the time of depositing the UK instrument of ratification? I note the the Convention (copy attached) requires members to ratify "in one single instrument" Does this rule out the possibility of the UK adding other dependent territories at a later date to our instrument of ratification?

4. It might be simplest to try and persuade the DTI to delay ratification for a few months. They are not working to any real deadline, but have imposed their own timetable for the ratification process, in order to get it out of the way as soon as possible. But the Convention and Constitution will not enter into force until the 30th day after deposit of the 55th instrument of ratification, acceptance or approval; and DTI have told me that as yet no member state has deposited such an instrument. I should be grateful for your urgent comments.

Stepne BongE

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6 November 1990

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Janet Roderate

J Rodemark (Ms) Environment, Science and Energy Department E023

071 270 2223

102 28/12/11

Mr Loosemore, NTCD

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