TNAG-0242-FCO40-278-Conduct-of-Hong-Kong-commercial-relations-1970 — Page 77

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UNITED NATIONS

REFERENCE;

TE 231 PP

·

NEW YORK

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NATIONS UNIES

CABLE ADOREME UNATIONS NEWYORK ADRESGE TELEGRAPHIQUE

Enter pl "Regist

22 November 1963

27 NOV160

Dear Mr. Darwin,.

I wish to refer to our recent conversation relating

to the question of registration of certain agreements concluded by the United States of America with Hong-Kong, Fiji and British

Honduras.

2. As you know, it has been the practice of the Secretariat

to treat an agreement between a State and the Government of a dependent territory as an "intemational agreement" for the purpose of Article 102 of the Charter of the United Nations, only if it is possible to establish that the agreement is formally binding on the State responsible for the conduct of foreign relations of the dependent territory, and consequently to show in the register that the State, on behalf of the depondent territory, is a party to the agreement.

3. For the most party involved were agreements concluded with

the Governments of certain British territories by the Government of the United States of America and transmitted by the latter for registration, and the question of their registrability under the above-mentioned practice used to be resolved, at the request of the Secretariat, by the United States Mission in consultation

with your Mission. In some cases, there evidence existed in the documentation transmitted for registration that the agreement had been concluded with the authority of the United Kingdom,

Mr. H.G. Darwin

Counsellor, Legal Adviser

United Kingdon Mission to the United Nations

845 Third Avenue, 10th Floor

New York, N.Y. 10022