TNAG-1153-FCO40-1433-Relations-between-Hong-Kong-and-international-organisations-1982 — Page 76

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Mr Williams, NED, E 017

IAEA TECHNICAL CO-OPERATION: HONG KONG

1.

So far as I can see from these papers the IAEA is acting prematurely. Presenting us with a final text already signed by them and simply asking for our signature rather takes for granted our concurrence in the terms of the proposed agreement. Have we in fact been consulted about and agreed to the text as drafted? I can see no evidence of this in the papers to which you have referred.

2. The proposed agreement seems to be intended to relate to technical assistance granted to Hong Kong. The text makes no

mention of Hong Kong. It needs amending to make clear that it is being concluded by the UK in respect only of Hong Kong. An alternative would be for the Hong Kong Government to conclude the agreement, i' given appropriate authority by us: but this would still require an amendment to the text, if only to make clear that the Hong Kong Government was acting with our authority.

3. Has Hong Kong been consulted about the conclusion of an agreement on the lines proposed? We need to know whether the Hong Kong Government is willing and legally able to comply with the obligations to be imposed by the agreement and to which effect will have to be given in Hong Kong. We (that is, HMG in the UK) cannot undertake international obligations which call for action in a Dependent Territory unless we are sure that that Territory can and will comply with the obligations: it is our international responsibility which would be engaged by any non-compliance by Hong Kong. The nature and content of the obligations being undertaken depend on the texts of the various documents referred to in the proposed agreement, eg Articles I, II and IV.

Since the proposed agreement, as at present drafted, envisages the conclusion of an international agreement, Nationality and Treaty Department should be given an opportunity to comment on it.

A D Watts

etts

Deputy Legal Adviser

10 May 1982

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