00 WASHINGTON
RR HONGAID
GRS 220
CONFIDENTIAL
IMMEDIATE ATE
R
- 2 JULY
ADVANCE COPY
FM HONG KONG 100954Z JUN 85
TO IMMEDIATE F CO
TELEGRAM NUMBER 1123 OF 10 JUNE
HD/HK:) (2)
P2017/6
INFO IMMEDIATE PEKING, UKMIS GENEVA (COPY FOR CARTLAND), UKREP BRUSSELS, BRUSSELS (FOR JONES), WASHINGTON.
INFO ROUTINE HONG KONG GOVERNMENT OFFICE LONDON.
(100°
102
UKMIS GENEVA TELNO 223 AND YOUR TELNO 796: GATT AND HONG KONG.
WE FEAR WE REMAIN UNCONVINCED. WE THINK WE SHOULD TAKE FULL
ADVANTAGE OF THE WORDING OF ARTICLE XXVI (5)(C) WHICH CLEARLY INDICATES THAT THE OPERATIVE ACT WHICH WILL ENTITLE HONG KONG TO BE DEEMED TO BE A CONTRACTING PARTY WILL BE THE UK'S DECLARATION. MOREOVER, THE WORD UPON INDICATES THE TIME WHEN HONG KONG IS TO BE SO DEEMED, 1.E. THE MOMENT WHEN THE DECLARATION IS MADE.
2. THE DECLARATION BY HONG KONG DOES NOT APPEAR TO BE PART OF THE PROCEDURE ESTABLISHED BY ARTICLE XXVI (5)(C), AND IN OUR VIEW IT HAS NO LEGAL EFFECT. IT IS MERELY ADDED TO REASSURE OTHER
CONTRACTING PARTIES OF HONG KONG'S VIEWS.
3. WE APPRECIATE THAT UKMIS GENEVA AND THE GATT SECRETARIAT'S VIEWS ARE BASED TO SOME EXTENT ON PRECEDENTS. HOWEVER, ALL SUCH PREVIOUS CASES CAN BE DISTINGUISHED, BECAUSE THEY INVOLVED DEPENDENCIES
PROCEEDING TO INDEPENDENCE. IN SUCH CASES THE PROVISIONS OR ARTICLE
XXVI (5)(C) WERE PERHAPS NOT ENTIRELY APT, AND IT MAY BE THAT IN
SUCH CASES A PROCEDURE WAS ADOPTED WHICH, WHILE IT DID NOT STRICTLY FOLLOW THOSE PROVISIONS, WAS MORE IN KEEPING WITH THE STATUS OF THE
NEWLY INDEPENDENT STATE. HOWEVER SUCH CONSIDERATIONS DO NOT APPLY
IN OUR CASE. MOREOVER WE DO NOT HAVE TO TAKE LIBERTIES WITH THE
TEXT IN THE WAY, THE UK DECLARATION RECOMMENDED IN HONG KONG TELNO.
1094 IS STRICTLY IN ACCORDANCE WITH THE TEXT, AND OUR FUNDAMENTAL OBJECTIVE MUST BE TO PRE-EMPT THE RAISING OF QUERIES, OR ANY
CHALLENGE ON THE GROUNDS THAT WE ARE NOT STRICTLY FOLLOWING THE
PROCEDURE PRESCRIBED BY THE ARTICLE.
4. FOR THESE REASONS WE STILL RECOMMEND THAT THE TEXT OF THE UK
DELCARATION SHOULD BE AMENDED ALONG THE LINES SUGGESTED IN OUR
TELNO. 1094.
YOUDE
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