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yol
No
GRS 390
CONFIDENTIAL
FM UKMIS GENEVA 1308427 MAY 1985
TO PRIORITY FCO
TELNO 192 OF 13 MAY
CONFIDENTIAL
HKK 049/24
65)
TOP COPY
INFO PRIORITY HONG KONG, PEKING
INFO ROUTINE UKREP BRUSSELS, BRUSSELS (FOR JONES), WASHINGT
MY TELMO 182: HONG KONG'S FUTURE POSITION IN THE GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT)
pro
1. IN MY TUR I PROMISED FURTHER COMMENT ON PARAGRAPH 21 OF HONG
KONG TELNO £38. 53
2. AS THINGS STAND, FOR ALL PRACTICAL PURPOSES THE HONG KONG OFFICE HERE OPERATES VIRTUALLY AS A MISSION IN ITS OWN RIGHT (MY LETTER OF 18 JULY, 1983 TO HAMMOND, HONG KONG, COPIED TO CLIFT, HKD, FCO). IN PRACTICE THE STAFF DEVOTE ALMOST ALL THEIR TIME
TO GATT. THE MULTI-FIBRE ARRANGEMENT AND OTHER TRADE-RELATED
ISSUES. FOR NON-TRADE MATTERS INVOLVING HONG KONG THE PRACTICE
HAS BEEN FOR THE MISSION TO ACT, ALTHOUGH THERE IS CLOSE TWO-WAY
CONSULTATION WITH THE HONG KONG OFFICE.
3. AS WE UNDERSTAND IT, THE CASE FOR A SEPARATE HONG KONG
MISSION IN FUTURE IS THAT IT WOULD GIVE CHINA NO PRETEXT TO
SEEK TO ABSORB HONG KONG REPRESENTATION INTO ITS OWN MISSION AFTER 1997, THUS NEGATING THE BENEFITS OF SEPARATE CONTRACTING
PARTY (CP) STATUS FOR HONG KONG. A SEPARATE MISSION WOULD DO MUCH TO REASSURE OTHER GATT CONTRACTING PARTIES IN THIS RESPECT. THEREFORE, IF IT IS DECIDED THAT HONG KONG SHOULD BECOME A
DE JURE CONTRACTING PARTY AT AN EARLY STAGE, IT WOULD APPEAR BOTH LOGICAL AND POLITICALLY DESIRABLE TO MOVE IN THE DIRECTION OF
ESTABLISHING A SEPARATE STATUS FOR THE HONG KONG OFFICE WELL BEFORE
1997.
4. WE HAVE, HOWEVER, NOT CONSULTED THE SWISS AUTHORITIES: NOR ARE WE IN A POSITION TO COMMENT ON THE SITUATION, IN RELATION TO THE VIENNA CONVENTION, OF A MISSION NOT REPRESENTING A SOVEREIGN STATE, IT MIGHT BE WORTH EXAMINING PRECEDENTS (IF ANY).
5. WHILE THE IDEA OF A SEPARATE MISSION, NOT JUST FOR GATT WORK, CLEARLY DESERVES CONSIDERATION AS A SAFEGUARD AGAINST THE SITUATION AFTER 1997, WE WONDER WHETHER IT NEEDS TO BE RAISED IN THE JLG AT THE SAME TIME AS SEPARATE GATT CONTRACTING PARTY STATUS. MIGHT IT NOT EVOLVE LESS OBTRUSIVELY AT A SLIGHTY LATER STAGE, GIVING US TIME TO TAKE DISCREET SOUNDINGS IN THE RELEVANT ORGANIZATIONS AS TO PRECISELY WHAT COULD BE ACHIEVED? (YOU WILL, NO DOUBT, LET US KNOW IF YOU WISH US TO TAKE SUCH SOUNDINGS.) IN THESE CIRCUMSTANCES, WOULD IT BE PREFERABLE TO DELAY RAISING THE IDEA OF A SEPARATE HONG KONG MISSION WITH
EXCO?
WARBURTON
MINIMAL
HKD ECD (E) TRED
CONFIDENTIAL
COPIES TO:-
HKGO LONDON
MR FIFOOT LEGAL ADVISERS
MISS WILMSHURST
MF JOY TRED
MR HALLETT ECONOMIC ADVISERS
MR A PRYOR ITP DTI
LEGAL ADVISERS
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