TNAG-1314-FCO40-1696-Working-papers-for-use-at-talks-on-the-future-of-Hong-Kong-1984 — Page 133

GPS 4.90 SECRET

FM HONG KONG 02050OZ DEC 83

TO PRIORITY FCO

SECRET

TELEGRAM NUMBER 1861 OF 2 DECEMBER 1983

INFO PRIORITY PEKING

MK KCAC/18

RECEIVED IN HEC CIR

- 2 DL 1903

199

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MY TEL 1775

FUTURE OF HONG KONG: WORKING PAPER ON TREATIES.)

DESK OFFICER

INDEX

PA

in

IN PARA 3 OF TUR I SAID I WOULD BE COMMENTING SEPARATELY ON THIS

SUBJECT. WE HAVE NOW CONSIDERED YOUR DRAFT FURTHER WITH PEKING

14 TELEGRAM 1219.

2. THERE ARE 300 MULTI-LATERAL AND 180 BILATERAL TREATIES AND

ARRANGEMENTS WHICH APPLY TO HONG KONG. WE HAVE AN INDEXED LIST

OF THE FORMER AS A RESULT OF RESEARCH UNDERTAKEN WITH YOU

EARLIER IN MARCH. WE REQUIRE TO DO MORE WORK TO GET AN INDEXED LIST OF THE LATTER. BUT WE HAVE NOT EXAMINED THE TEXTS OF ANY

OF THESE AGREEMENTS.

3. BEFORE WE PUT ANY PROPOSALS TO THE CHINESE IT IS ESSENTIAL

THAT WE KNOW PRECISELY WHAT IT IS THAT WE ARE TALING ABOUT. IT WILL THEREFORE BE NECESSARY TO MAKE AN ANALYSIS OF EACH TREATY AS SOON AS POSSIBLE AND TO COVER THE FOLLOWING MATTERS:

(A) THE NATURE OF THE SUBJECT MATTER WHICH WOULD INDICATE HOW IMPORTANT ITS CONTINUED APPLICATION WOULD BE (1.E. WHAT THE IMPACT WOULD BE UPON HK SYSTEMS IF THE TREATY CEASED TO BE APPLICABLE TO HK) AND POSSIBLY ALSO WHETHER THERE IS LIKELY TO BE ANY OBJECTION TO CONTINUED APPLICATION FROM THE P.R.C. OR FROM ANY OF THE OTHER PARTIES TO THE TREATY.

(B) THE NATURE OF THE APPLICATION OR ACCESSION PROVISION, WITH PARTICULAR REFERENCE TO THE FOLLOWING QUESTIONS -

(1) DOES THE TREATY APPLY TO THE P.R.C.?

(11) IF SO, IS THERE ANY IMPEDIMENT TO ITS APPLICATION TO THE

HONG KONG SART

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See DOD Se

(111) WOULD THE TREATY CONTINUE TO APPLY, ON ANY OTHER BASIS, TO MONG KONG AFTER REVERSION OF SOVEREIGNTY?

(IV) WOULD THE PROVISIONS OF THE TREATY PRERMIT THE P.R.C. TO ENTER AN INSTRUMENT OF ACCESSION IN RESPECT OF THE HONG KONG SART

(V), IN THE CONTEXT OF (IV), COULD THE P.R.C. ENTER RESERVATIONS IN REPSECT OF HONG KONG OR THE REST OF ITS TERRITORY?

(C) APPLICATION TO HONG KONG ANALYSING THE EXTENT TO WHICH TREATY OBLIGATIONS HAVE BEEN SATISFIED BY HONG KONG LAW.

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