TNAG-0580-FCO40-713-UK-policy-on-status-of-Hong-Kong-1976 — Page 33

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HONG KONG AND THE UN: P BY MR FRANK HOOLEY MP

1. I attach the text of a PQ by Mr Hooley on Hong Kong's position vis-à-vis the UN. This question follows two others by Mr Hooley last month (my minute of 10 November and Mr Luard's answers of 15 November - Hansard, Written Answers, Cols 358-360 - refer).

2.

As I recall, we have taken the view that the transmission of information under Article 73(a) of the UN Charter is a voluntary act on the part of the administering power and that, in consequence, we are entitled to cease transmitting information in respect of a territory without being in breach of a formal obligation under the Charter. It might, however, be a little provocative to point this out in answer to Mr Hooley's Question. So far as Hong Kong is concerned, the reality, as I understand it, is that the Chinese move in 1972 to have Hong Kong removed from the purview of the Committee of 24 implied that they did not wish to see information on the territory

transmitted in future. I assume that we concluded that the Chinese would have been irritated if we had, in fact, continued to transmit information notwithstanding the General Assembly Resolution 2908 (XXVII) and we were no doubt glad to be rid of the chore of having to do so. Cur only reservation was that, as Sir Colin Crowe said in his letter of 14 December 1972 to the Secretary-General, such action in no way affected the legal status of Hong Kong ́· As for the position since 1972, I am not aware that any UN organ has sought to suggest that we were disregarding a Charter obligation by not transmitting information on Hong kong. Again, however, it is not necessary to make this point for the purpose of answering Mr Hooley's question.

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3. I attach a draft reply to Mr Hooley's Question. The second sentence in the draft reply is not, perhaps, strictly necessary but it might be worth including in order to make it clear that we made public our decision not to continue to transmit information following the 1972 General Assembly Resolution. Once we have agreed the text of a draft reply, I would propose to send a telegram to Peking and Hong Kong just in case they have any comments to offer.

4. I should be grateful for any comments by not later than close of play tomorrow Thursday 9 December.

8 December 1976

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Mr Rushford Miss Bishop

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D F Milton

Hong Kong Department K247

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