A
ROY 112
Mr J N Pow
M
Toothy
HONG KONG AGREEMENT :
CONFIDENTIAL
Reference...
pa
никонак
13 MAY 1985
*
95
RATIFICATION
!
клу
95
1. I have spoken to Miss Shepherd NTD about her minute of 7 Max covering the points raised by Smiths Teleletter of 2 May, and Peking telno 677, of 7 May. (I have also spoken to Mr Bickford who endorses the line of Miss Shepherd's minute).
2. It is apparently a matter of constitutional practice that, (except for treaties specifically drawn up and signed as between Heads of State), the Secretary of State
the Secretary of State for Foreign and Commonwealth affairs signs all instruments of ratification concering inter governmental treaties and agreements. There is of course, nothing in writing to confirm this but that is not surprising given the nature of the British Constitution.
•
3. Miss Shepherd has consulted her predecessor, Richard Glover about treaties and agreements concluded between Heads of Government. It appears that in the past,
probably for historical reasons,
many Bi-lateral Consular Conventions have been concluded in this fashion a s have some of Our more recent Multi-lateral agreements with the EEC and its member states. The only recent examples of bi-lateral agreement concluded in Heads of State from with countries outside the EEC are as long ago as
as 1980, when a Social Security Convention was signed with Austria and an Agreement on Proceedure in Legal Matters with the GDR. I gather it is not clear why this form of agreement was used with the GDR but Miss Shepherd is of the opinion that the Austrians usually ask for treaties to be drawn up as between Heads of State for their own constitutional reasons.
4.
Presumably the Chinese were free to ask us if the Joint Declaration could be concluded in this way but I do not think we ought to encourage them to make a similar request.
5.
•
We have in the past, concluded treates with other contries when the instrument of ratification has been signed by the Secretary of State and the Head of State of the other contracting party. The Instrument of ratifications of the 1982 Agreement with France concerning the de limitations of the Continental Shelf was signed by the French President, Prime Minister and Foreign Minister. The Secretary of State signed on Our behalf.
but
6. NTD have sent us the attached extract from a UN publication "Laws and Practices concerning the conclusion of Treaties" (1953). It confirms that the Secretary of State has General Full Power' also states that, in exceptional cases, the Prime Minster may sign a instrument of ratification. N TD could not come
an up with
examp
a think it unlikely that such
of
an
tional excep
case so I would situation has arisen recently.
le
CODE 18-77
CONFIDENTIAL
No comments yet.
Private notes are available after approval.