CODE 18-77
Ms Shelagh Brooks
Legal Advisers K211
CONFIDENTIAL
Reference.
H
HKC
031/24
pa
HONG KONG: MULTILATERAL TREATIES: POLITICAL AND DIPLOMATIC
1.
I attach Hong Kong telno 2707, Ms Joanne Foakes's letter to
me of 16 November, and the three draft discussion papers to which they refer. All concern the IRO sub-group and its
consideration of the multilateral treaties in the "political and diplomatic" category.
Three
2. Hong Kong have decided to propose that ten of the remaining treaties in this category should lapse and that seven should continue to apply to Hong Kong after 1997. I attach a list of the "category 15" treaties for your information. have already been deleted (15.3, 15.5, 15.11) and I have highlighted the ten treaties which Hong Kong have decided to delete if we have no objections. The remaining seven are the subject of the three discussion papers which Hong Kong would like to pass to the Chinese before the end of the year.
3.
I would be grateful for any comments you may have on the draft discussion papers or on Hong Kong's choice of treaties in this category.
4.
I have faxed Ms Foakes the information which she requests in para 7 of her letter. It seems that the UK has, under the terms of the Convention on Specialised Agencies, accepted two agencies which China has not: the International Refugee Organisation and the World Intellectual Property Organisation.
5.
I can only see one slight problem with the discussion papers. Ms Foakes mentions (para 9) that Hong Kong are inclined to delete the sentence referring to the UK declaration about the International Court of Justice in respect of the Vienna Convention on the Law of Treaties (item 15.19 para 16). They do not think that the Chinese would accept the continuance of this declaration. However, I wonder if it would be better to mention the declaration even if only to say that its continuance would not be sought. Or would this merely complicate matters?
Varatha Marshall
J N Marshall
Hong Kong Department
WH305
270-3287
18 November 1992
CONFIDENTIAL