TNAG-1401-FCO40-1873-Future-of-Hong-Kong-continued-participation-in-the-General-A-1985 — Page 149

A

AN

FOGEN 009/23

TT UKMIS GENEVA

GRS 417

CONFIDENTIAL

TELELETTER

FROM A C GALSWORTHY, HKD

HKK 040/24 DATED 22 APRIL 1985

HKK 040/24

72914

R

FOLLOWING FOR JD I BOYD ESQ, POLITICAL ADVISER HONG KONG

CC: DAME ANN WARBURTON, UKMIS GENEVA

D G BLUNT ESQ, PEKING

MISS R J SPENCER, UKMIS BRUSSELS

A J LANE ESQ, DT

COPIED TO PRN FIFOOT ESQ, LEGAL ADVISERS, FCO

HONG KONG AND THE GATT

1.

PLEASE REFER TO PARAS 3 AND 4 OF MIPT.

2. THE FOLLOWING ARE THE TEXTS OF FIRST DRAFTS OF THE THREE TYPES OF DECLARATION REFERRED TO IN PARA OF DAME ANNE WARBURTON'S TELELETTER OF 11 MARCH:

(A) UK DECLARATION

BEGINS

39

I AM INSTRUCTED BY HER MAJESTY'S PRINCIPAL SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS TO DECLARE, IN ACCORDANCE WITH ARTICLE XXVI (V) (C) OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE, THAT HONG KONG, BEING A CUSTOMS TERRITORY IN RESPECT OF WHICH THE UNITED KINGDOM HAS ACCEPTED THE AGREEMENT, POSSESSES FULL AUTONOMY IN THE CONDUCT OF ITS EXTERNAL COMMERCIAL RELATIONS AND OF THE OTHER MATTERS PROVIDED FOR IN THE AGREEMENT, AND THAT IT SHOULD WITH EFFECT FROM THE DATE OF THIS SQUARE BRACKETS ROUND NEXT-WORD NOTE SQUARE BRACKETS ROUND NEXT WORD-LETTER- COMMUNICATION BE DEEMED TO BE A CONTRACTING PARTY TO THE AGREEMENT.

ENDS

'

(B) HONG KONG DECLARATION

BEGINS

I AM INSTRUCTED BY HIS EXCELLENCY THE GOVERNOR OF HONG KONG) TO

REFER TO ARTICLE XXVI (V) (C) OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE, AND TO CONFIRM THAT THE GOVERNMENT OF HONG KONG WISHES THE TERRITORY TO BE DEEMED TO BE A CONTRACTING PARTY TO THE

AGREEMENT.

ENDS

11

(C) PRC DECLARATION

BEGINS ~

* AM INSTRUCTED BY ....... TO REFER TO THE GENERAL AGREEMENT ON

TARIFFS AND TRADE (THE AGREEMENT), TO THE JOINT DECLARATION OF THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE PEOPLE'S REPUBIC OF CHINA ON THE QUESTION OF HONG KONG, SIGNED IN PEKING ON 19 DECEMBER 1984, AND TO THE COMMUNICATION WHICH THE UNITED KINGDOM. MISSION IN GENEVA HAS TODAY ADDRESSED TO THE DIRECTOR OF-LEGAL

DENEILAY

AFFAIRS, GATT.

THE

IN ACCORDANCE WITH THE JOINT DECLARATION THE HONG KONG AREA WILL, ON 1 JULY 1997, BECOME A SPECIAL ADMINSTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA, AND WILL CONTINUE TO POSSESS FULL AUTONOMY IN THE CONDUCT OF HTS EXTERNAL COMMERCIAL RELATIONS AND OF ALL THE OTHER MATTERS PROVIDED FOR IN THE AGREEMENT. }} GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA ACCORDINGLY REQUESTS THAT THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA SHOULD, WHEN ESTABLISHED, CONTINUE TO BE DEEMED TO BE A CONTRACTING PARTY TO THE AGREEMENT. ENDS

B

SIGNED A C GALSWORTHY

NNNN