RESTRICTED
XCRI(93)24
4
There was also a need to consult the Chinese side of the Joint Liaison Group (JLG) in accordance with the Agreed Consultation Guideline as application of the Amendment to Hong Kong will create new international rights and obligations which it is proposed should continue to apply to the Hong Kong SAR after 1997.
5
Our proposal to extend the ratification of the Amendment to Hong Kong, in order to avoid trade restrictions, was originally scheduled to come into effect on 1 January 1993 and was conveyed to the Chinese side in October 1992. However, the relevant document passed without any substantive response from the Chinese side.
6
Parties to the Protocol met again in Copenhagen on 23 to 25 November 1992 to review the control measures. The Parties decided, inter alia, that a Party to the Protocol which had not ratified the Amendment may exempt itself from trade controls by supplying appropriate data to the Protocol Secretariat by 31 March 1993. The data would have to demonstrate that Party's compliance with the developed country phase-out schedules. In practice, since 1991, we have been fulfilling the obligations imposed on Parties under the Amendment and were able to submit the necessary data through the FCO in early March 1993. We have, thus, so far avoided being subjected to trade restrictions. However, Parties to the Protocol will meet to review the situation later this year.
7
Meanwhile, in order to tighten up control on imports containing ozone depleting substances and to encourage recycling of controlled refrigerants, in April 1993 we enacted the Ozone Layer Protection (Amendment) Ordinance 1993 and made two sets of regulations to prevent refrigerant venting and to ban the import of products containing ozone depleting substances.
Current Situation
8
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At the JLG Sub-group on International Rights and Obligations held on 3 June 1993, the Chinese side confirmed their agreement to the extension of the Amendment to Hong Kong and to its continued application to the Hong Kong SAR after 1997. We will now request the UK to extend the Amendment to Hong Kong as soon as possible.