TNAG-1388-FCO40-1859-Future-of-Hong-Kong-Sino-British-Joint-Declaration-1985 — Page 185

CODE 18-77

CONFIDENTIAL

Reference

HKK 040/12

(60)

Mr Power1 HKD

HONG KONG AGREEMENT:

1.

W

200

Pa

Willly

REGISTRATION AT THE U.N.

Paragraph 4 of Hong Kong telegram no 695 of 10 April suggests that we should be ready with some public explanation of the implications of registration. You may wish to construct such an explanation from the following material.

We (and the Chinese) will be complying with our obligations under Article 102(1) of the United Nations charter, which reads -

2.

"Every treaty and every international agreement entered into by any Member of the United Nations after the present Charter comes into force shall as soon as possible be registered with the Secretariat and published by it."

3. As a result of registration it will be possible, should the circumstances ever so warrant for the Joint Declaration and its annexes to be invoked before any organ of the United Nations. Article 102(2) of the Charter reads

"No party to any such treaty or international agreement which has not been registered in accordance with the provisions of paragraph 1 of this Article may invoke that treaty or agreement before any organ of the United Nations."

7. Bunows

F Burrows

Legal Counsellor

B

10 April 1985

CONFIDENTIAL