GOVERMENT HOUSE HONG KONG.
MON 07 JUN 98 09:55
PG.03
CONFIDENTIAL
-
2 -
other
the
all
multilateral
treatieG (exocpt the GATT) that will
remain in force in the HKBAR after 1997 because tlicy (unlike
Covenants) are not specifically mentioned in the JD. for
these treaties we shall need a separate legal instrument.
to ensure their continuance in force after 1997. we have
been discussing this particular problem with the Chinese side
since March 1989 and wc have not so far reached agreement,
although I do think we are making some progress.
4.
two
In practice, however, it is my intention to add the
Covenants to the list of treaties that will be annexed co
the legal instrument (or mechanicm) that will ensure the
continued application of all the other multilateral treaties
to HKSAR After 1997. Moreover, the Covenants are already
included in the list of multilaterals we are discussing and
the chinese have not so far objected to that. of course,
bect colution would be for China to acoode to the Covenante
before 1997 and We would then need to deal only with the
question of the continuation in force after 1997 of the
different
made hy them and ሀና which is
reservations
comparatively straightforward,
5.
chinese
the
We do not know for sure precisely what view the
take about the effect of JD 156. But we are assuming
the worst.
are proceeding on the basis that they may, seek
to arque that JD 156 means simply that the domestic laws in
Hong Kony
that enable the Covenants to be complied with can
continue to apply after 1997. The Chinese may go on to arque
they have not accepted that they will, in effect. become
party 1.0) The Covenant.s in respect. only of HKSAR and they are
not therefore prepared to report to the UN Human Rights
that
Committee after 1997.
G.
In order not to prejudice our own position on this
question but. at the same time to try to ensure that we reach
the right result, we handed the Chinese side in the IRO
Sub-group in October 1992 a paper that:
CONFIDENTIAL