TNAG-1401-FCO40-1873-Future-of-Hong-Kong-continued-participation-in-the-General-A-1985 — Page 157

CONFIDENTIAL

United Kingdom Mission

37-39 rue de Vermont 1211 Geneva 20

Telex 22956

Telegrams Prodrome Geneva

Telephone 34 38 00 33 23 85

A J Pryor Esq

ITP1

Department of Trade and Industry

1 Victoria Street

Your reference

Our reference

25

we and wis

GATT makes he

distinction between de

fato & de

The state's

LONDON

SW1

Dear Arther

HONG KONG: GATT

HKK 045/24

Date 16 April 1985

R5

Ente opa

نادا

mialy

1. Your letter of 28 March was copied to Alan Montgomery who is currently on mid-tour leave.

2. I am sorry if we did not make clear the relationship between paras 2 and 5 (a) and (b) of our teleletter. Whilst there is no precedent for establishing de jure status for a territory in Hong Kong's position the procedure suggested in para 5 would, in the view of the GATT's Legal Adviser, have that effect. Thus Hong Kong would achieve de facto Contracting Party status following the UK declaration proposed and de jure Contracting Party status as soon as Hong Kong made its statement to the GATT Secretariat. The UK declaration and Hong Kong statement could, if desired, be made the same day so that to all intents and purposes Hong Kong's de jure status would be instantaneous.

3.

I hope this clarifies the matter.

Yours eve

Tany

B Harding

cc: Mrs J S C Priest, HKD, FCO

Mr Burrows, Legal Advisers Dept, FCO Mr D Warren, ECD(E), FCO Mr Cruickshank, OT4, DTI

CONFIDENTIAL