27-NOV-1992
16:09
A.G.'S CHAMBERS
+852 877 2130
P.03
3.
for
2
The Convention on the High Seas (15.12) and the Convention on Fishing and Conservation of the Living Resources of the High Seas present less immediately obvious difficulties.
However, as you pointed out, there are certain problematic provisions. The Convention on the Righ Seas contains,
example, provisions on the jurisdictional immunity of warships and of state-owned vessels. The Convention on Fishing and Conservation of the Living Resources of the High Seas is drafted largely in terms of the 'nationals' of a State engaged in fishing on the high seas. There is also the general problem that all four conventions referred to are to a certain degree interdependent with interlocking definitions and rules. Article 7 of the Convention on Fishing provides that 'The principles of geographical demarcation as defined in Article 12 of the Convention on the Territorial Sea and the Contiguous Zone shall be adopted when courts of different states are involved'.
4.
I should add that, as regards the Convention on the High Seas, many of its provisions, for example, in respect of safety of life at sea are covered in a rather more technical format by the numerous maritime conventions which apply to Hong Kong. We will be faxing papers on these treaties to HKD soon.
5.
You mentioned the possibility of reservations by the PRC (although I may have misunderstood you on this point) but
it did not seem to us that it would be open to the PRC, in the kind of exercise we are contemplating, to assume only Conventions approach we has signed which may discussion.
some of the obligations imposed by these in respect of Hong Kong nor is it the sort of would wish to encourage. As you know, the PRC the 1982 UN
Convention on the Law of the Sea effectively replace the Conventions under It is, in our view, most unlikely to accept what it would regard as а different and possibly conflicting regime on the law of the sea for Hong Kong, even if it were judged to be practicable for it to do so.
6.
Looking ahead to the practical mechanism for ensuring the continued application of all these treaties, we were also concerned that these particular Conventions with their 'jurisdictional' and 'territorial' elements, would, even in the unlikely event of being accepted by the Chinese side, be scrutinised intensely by other Contracting Parties and could give
give rise to objections by them, a
situation we are, of course, keen to avoid.
7.
all these put
As I indicated in my earlier letter, we had, for reasons, concluded that it would be best not to treaties forward to the Chinese side for
these