TNAG-1402-FCO40-1874-Future-of-Hong-Kong-continued-participation-in-the-General-A-1985 — Page 79

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CONFIDENTIAL

GRS 750

CONFIDENTIAL

DESKBY FCO 2509OOZ

FM HONG KONG 25080OZ JUN 85

TO IMMEDIATE F C O

TELEGRAM NUMBER 1268 OF 25 JUNE

TOP COPY

A

ник оторы

RECEIVED ⠀ •EGISTRY

INFO IMMEDIATE PEKING, UKMIS GENEVA (COPY FOR CARTLAND), UKREP BRUSSELS AND WASHINGTON (FOR JONES).

27

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YOUR TELNOS 885-6 AND UKMIS GENEVA TELNO 250 :

HONG KONG'S FUTURE POSITION IN THE GATT, MFA AND CČe

26 JUN 1985

DESK OFFICER

INDEX

1. WE HAVE THE FOLLOWING COMMENTS ON THE REVISED DRAFT IN YOUR

SECOND TUR:

PA

と

(A) PARAGRAPH 8. WHILE WE DO NOT WISH TO QUESTION UKMIS GENEVA'S DESCRIPTION OF THE PROCEDURES ESTABLISHED SO FAR UNDER ARTICLE XXVI (5)(C) OF THE GATT, WE CONSIDER IT ESSENTIAL THAT WE SHOULD MAKE IT CLEAR TO THE CHINESE THAT WE REALISE THAT HONG KONG IS NOT PROCEEDING TO INDEPENDENCE AND THAT OUR REFERENCE TO THOSE PROCEDURES SHOULD NOT BE TAKEN TO IMPLY THIS. THIS IS PARTICULARLY IMPORTANT AS THE 3RD PARAGRAPH OF THE RECOMMENDATION OF 18 NOVEMBER 1960, FOR EXAMPLE, REFERS SPECIFICALLY TO NEWLY-INDEPENDENT TERRITORIES.'' WE THEREFORE SUGGEST THAT THE FOLLOWING SHOULD BE ADDED AT THE END OF THIS PARAGRAPH

''THESE PROCEDURES RELATE, HOWEVER, TO NEWLY-INDEPENDENT TERRITORIES. THEY ARE NOT, THEREFORE, ENTIRELY APPROPRIATE FOR HONG KONG, SINCE HONG KONG IS NOT PROCEEDING TO INDEPENDENCE. NEVERTHELESS, SINCE THEY ARE FAMILIAR TO OTHER CONTRACTING PARTIES, THERE IS MERIT IN FOLLOWING THEM SO FAR AS POSSIBLE.'

THIS WOULD HAVE THE ADDED BENEFIT OF LEAVING US FREE TO MAINTAIN, IF NECESSARY AT SOME FUTURE DATE, THAT AS FAR AS WE (AND THE CHINESE) ARE CONCERNED, THE THREE RECOMMENDATIONS DO NOT ACTUALLY APPLY TO HONG KONG, AND THAT THERE IS THEREFORE NO NEED FOR THERE TO BE AN INTERVAL OF THE KIND ENVISAGED IN THE RECOMMENDATION OF 11 NOVEMBER 1967, DURING WHICH HONG KONG WOULD ONLY BE A DE FACTO PARTY AND ANY CONTRACTING PARTY'' WOULD BE ENTITLED TO REQUEST A

REVIEW OF THE SITUATION.

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(B) PARAGRAPH 9. IN OUR TELNO 1137, WE RELUCTANTLY ACCEPTED THE INSERTION OF THE WORDS IF IT SO WISHES IN THE UK DECLARATION ON THE UNDERSTANDING THAT THE UK AND HONG KONG DECLARATIONS WOULD BE MADE SIMULTANEOUSLY. MOREOVER, WE UNDERSTAND THAT YOU ENVISAGE THE DECLARATIONS BEING MADE ON THE SAME OCCASION, AND WE SEE NO NEED TO BE MORE SPECIFIC THAN THIS FOR THE PURPOSES OF THE PAPER. WE THEREFORE SUGGEST THAT THE WORDS ON THE SAME DAY AND IMMEDIATELY FOLLOWING...'' IN THE SECOND SENTENCE SHOULD BE REPLACED BY ON

THE SAME OCCASION AS...

CONFIDENTIAL

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ISTRY

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