TNAG-1173-FCO40-1465-Future-of-Hong-Kong-special-study-by-FCO-for-the-Prime-Minis-1982 — Page 275

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Mr Morris, HK&GD, WH 312

Morris,

EXTERNAL

Reference

HONG KONG STUDY: POSTS, TELECOMMUNICATIONS AND BROADCASTING .

1. I do not know that on the basis of your minute of 16 August there is much that I can say about the legal implications of the alternatives mentioned in paragraph 3 of your minute. The relation- ship of Hong Kong with international organizations such as the UPU is determined by the status of Hong Kong as a British Colony and by the terms of the relevant agreement setting out the constitution of the organization. The effect of any change in the status of Hong Kong will depend upon the nature of that change and on the terms of the relevant constitutional document of the organization concerned. Accordingly one can really only pursue this matter by considering, for each organization concerned, the present situation of Hong Kong in relation to that organization and the terms of its constitution so far as they provide for matters of membership and participation. You might wish to seek the views of ESSD on this since they have the expertise in this area. In the light of whatever they can say about the present constitutional arrangements for Hong Kong in the various organizations you mention, we can consider the effect of various possible changes.

2. Generally, however, the present position of Hong Kong is determined by Hong Kong's status as a territory over which the UK has sovereignty so that in one way or another Hong Kong's status in the organization reflects the fact that it belongs to us. If China were to have sovereignty over Hong Kong while we merely continued British administration on a management basis, I doubt whether the existing British connection with Hong Kong could continue to be reflected in Hong Kong's relations with the organizations you mentioned.. This would be even more doubtful if Hong Kong became in some way linked with China administratively in addition to being under China's sovereignty.

3. If an end had to be put to Hong Kong's British connection with the organizations you mentioned, there would obviously be a number of practical consequences, for example, in the field of negotiating on wavelengths. Precisely what the consequences would be would depend on what new arrangements for Hong Kong could be made in the organizations concerned.

Aquells

A D Watts

Deputy Legal Advisers

19 August 1982

cc:

Mr Rushford

CODE 18-77

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