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WE WOULD LIKE YOU TO SEEK BRITISH GOVERNMENT VIEWS ON BRITISH ACCESSION TO THE CHILD ABDUCTION CONVENTION ON BEHALF OF HONG KONG. IN ITS NOTIFICATION OF RATIFICATION OF 20 MAY 1986 OF THE CONVENTION, THE UK GOVERNMENT STATED THAT IT RATIFIED THE CONVENTION IN RESPECT OF THE UNITED KINGDOM OF GREAT BRITIAN AND NORTHERN ISLAND ONLY. IT FURTHER DECLARED THAT IT WOULD 'NOTIFY THE DEPOSITARY IN DUE COURSE OF THE TERRITORIES FOR THE INTERNATIONAL RELATIONS OF WHICH IT IS RESPONSIBLE, TO WHICH THE CONVENTION IS TO BE EXTENDED'
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THE UK HAS ACTED ON BEHALF OF HONG KONG IN A TREATY MATTER AS RECENTLY AS 20 AUGUST 1993, WHEN THE UK ACCEPTED ON BEHALF OF A NUMBER OF DEPENDENCIES, INCLUDING HONG KONG, AUSTRALIA'S ACCESSION TO THE HAGUE CONVENTION ON THE TAKING OF EVIDENCE ABROAD ON CIVIL AND COMMERCIAL MATTERS. WE ACKNOWLEDGE THAT BRITISH AGREEMENT ON BEHALF OF HONG KONG (WHICH HAS BEEN A PARTY TO THE TAKING OF EVIDENCE CONVENTION SINCE 1978) TO AUSTRALIA'S ACCESSION CAN BE DISTINGUISHED FROM BRITISH ACCESSION TO A CONVENTION ON BEHALF OF HONG KONG PARTICULARLY NOW IN THE LEAD-UP TO 1997, BUT WOULD BE INTERESTED IN BRITISH VIEWS ON THIS.
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WE APPRECIATE THAT IN THIS CASE BRITAIN WOULD HAVE TO NEGOTIATE WITH CHINA IN THE JOINT LIAISON GROUP TO ENSURE THAT HONG KONG'S ACCESSION WOULD REMAIN VALID AFTER 1997. WE ARE AWARE OF THE SENSITIVITIES IN SINO-BRITISH NEGOTIATIONS ON HONG KONG AND THE DISTINCT LACK OF COOPERATION ON RESOLVING TRANSITIONAL AND POST-1997 ISSUES IN HONG KONG. WE APPRECIATE THAT CHINA WOULD HAVE TO BE ASSURED OF THE BENEFITS OF THE CHILD ABDUCTION CONVENTION BEING EXTENDED TO HONG KONG DESPITE NOT HAVING ITSELF ACCEDED TO THE CONVENTION. WE NOTE IN OTHER AREAS, HOWEVER, THAT CHINA'S APPROVAL OF AN AUSTRALIA-HONG KONG AIR SERVICES AGREEMENT, AN AUSTRALIA-HONG KONG INVESTMENT PROMOTION AND PROTECTION AGREEMENT ( (SIGNED BY SENATOR COOK ON 15 SEPTEMBER) AND ENDORSEMENT OF AN AUSTRALIA-HONG KONG MUTUAL EXTRADITION TREATY ARE AMONGST THE FEW POSITIVE OUTCOMES IN RECENT JOINT LIAISON GROUP MEETINGS. AUSTRALIA WOULD BE PREPARED TO MAKE LOW-KEY REPRESENTATIONS TO THE PRC ON AUSTRALIA'S INTEREST IN HONG KONG'S ACCESSION IF THERE WERE A PREPAREDNESS ON THE UK SIDE TO BROACH THE ISSUE.
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WE ARE ANXIOUS TO GET THE CONVENTION ACCEPTED QUICKLY BY AT LEAST ONE COUNTRY IN THE REGION AS THIS WILL PLACE GREATER PRESSURE ON OTHER COUNTRIES TO ALSO ACCEDE TO THE CONVENTION. THERE HAVE BEEN A NUMBER OF ABDUCTIONS FROM AUSTRALIA WHERE, HAD THE CONVENTION OPERATED BETWEEN AUSTRALIA AND HONGKONG, IT COULD HAVE BEEN USED TO PREVENT A CHILD BEING ABDUCTED TO A NON-CONVENTION COUNTRY IN THE MIDDLE EAST OR AFRICA. THE MAJOR SET-DOWN POINTS IN SOUTH EAST ASIA FOR DIRECT FLIGHTS FROM AUSTRALIA ARE KUALA LUMPUR, BANGKOK, HONG KONG, SINGAPORE, TOKYO AND SEOUL. IN ADDITION, HONG KONG HAS BEEN IDENTIFIED AS ONE OF A NUMBER OF COUNTRIES IN THE ASIA-PACIFIC REGION IN RESPECT OF WHICH THERE IS A HIGH INCIDENCE OF INTERMARRIAGE WITH AUSTRALIAN CITIZENS AND RESIDENTS. THERE WOULD THUS APPEAR TO BE A MUTUAL INTEREST IN HAVING A GREATER DEGREE OF CERTAINTY IN THIS AREA TO LIMIT THE POTENTIAL FOR BILATERAL DIFFICULTIES IN THE FUTURE.