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RECEIVED IN REGISTRY
1 ) * 1993
REGISTRY
DESK OFFICER
INDEX
PA
Action Taken
Miss Shelagh Brooks
Legal Counsellor
Foreign and Commonwealth office
London SWLH 2AH
United Kingdom
سا
Shalegh,
8 January 1993
BY FAX
071-270-2767
Political and Diplomatic Multilateral Treaties Applied to Hong Kong
ра
thoughts
and
comments
in
Thank you for the your letter of 26 November 1992. We eventually received the letter on 16 December (while I was in Rome negotiating an IPPA) and I have only now, on my return to Hong Kong, had an opportunity of seeing it.
2.
and
the
We have amended the papers on the UN Charter, the Vienna Convention on Diplomatic Relations
Convention on the Law of Treaties as in paragraphs 5 to 7 of your letter.
Vienna
3.
on
your
to
suggested
comments letter). leave
it
We have carefully considered items
15.12 - 15.15 (paragraph 3 of your As I understand it, you would be content to Us to decide whether to delete these items earlier proposed.
as we had We intend to do so, for the reasons explained in Joanne Foakes' letter to you of 27 November 1992. Incidentally, since you did not refer letter in yours
of 26 November, I am enclosing a of it. Knowing what can happen to papers between and HKD and the Legal Advisers, I suppose it is possible that the original of Joanne's letter has been misdirected or just lost!
to
that
Copy
here
1993
16:46
H.0.'S CHAMBERO
1
!
4.
With regard to your comments on the application of UK
UK reservations or declarations (paragraph 8 of your letter), we have, ot course, all along tried to argue for the
the preservation of existing UK reservations which axe suitable Or "tailor-made" for Hong Kong e.g. for treaties in the P.I.L. category. According to our records, however, there are
no such reservations applicable to treaties in the "Political and Diplomatic" category. While I agree that the continued effectiveness (or otherwise) of the UK statement on item 15.10, the interpretative declaration on item 15.18 or તે number of other objections will require careful consideration, 1 nevertheless believe that there is, in reality, little or NO prospect of persuading the Chinese that such declarations or statements can or should formally survive
1997.
5.
I share your view (para
(para 8 of your letter) that AL would be preferable to settle the question of reservations and declarations at the time each treaty is discussed. I have tried to do this but our view is not shared by the Chinese side who, as stated in Joanne Foakes' letter of 16 November, have insisted that this question be set aside for discussion in the context of agreement on the practical mechanism. I will to do my best.
6.
Subject
to
continue
any further comments you may have, we will hand over the discussion papers, as amended, to the Chinese side within the next two weeks. We shall also let them have a short explanatory note informing tnem that items 15.1,
15.1, 15.2, 15.4, 15.6, 15.12-15.16 and 13.20 should lapse in 1997.
Koppery New Year! Корред
Челина
hacl
(D M Edwards)
law officer (International haw)
2.0.
SCA (ALLA. Mrs Jennie (hok)