TNAG-0243-FCO40-279-Conduct-of-Hong-Kong-commercial-relations-1973 — Page 163

(origin at 41186/2/520255

eign and Commonwealth Office London S.WK

UNCLASSIFIED

SAVING DESPATCH

FKK 6/30

From the Secretary of State for Foreign and Commonwealth

To the Governor, HONG KONG

31 July, 1969

No. 369

Affairs

Registration of Agreements for the purpose of Article 102 of the United Nations Charter

The question has recently arisen of the registration under Article 102 of the U.N. Charter of certain agreements concluded by the United States of America with various dependent territories, including Hong Kong. It has been the practice of the U.N. Secretariat to treat an agreement between a State and the Government of a dependent territory as an "international agreement" for the purpose of Article 102 of the U.N. Charter 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 dependent territory, is a party to the agreement. In the past the question of the registrability of such agreements has been resolved by the United States Mission in consultation with the British Mission; and where evidence existed in the documentation transmitted for registration that the agreement had been concluded with the authority of the United Kingdom Government, the U.N. Secretariat proceeded with the registration automatically or after consultation with our Mission. More recently the United States Government have taken the view that the agreements in question should be registered "as presented" (1.e. as between the United States Government and the territory concerned) and that it does not feel it is authorised to, register them as having been concluded with the United Kingdom Government. The United States Government has stated, however, that it would be agreeable to whatever arrangement may be decided upon between the Secretary-General and the British Mission in relation to the matter.

2. Two such agreements relating to Hong Kong have been mentioned in this connection:

(1) the arrangement between the United States of America

and Hong Kong relating to trade in cotton textiles effected by an exchange of letters dated at Hong Kong on 7 and 16 November, 1964 (.I.A.S. 5872)

/ (2)