TNAG-1491-FCO40-2049-Future-of-Hong-Kong-General-Agreement-on-Tariffs-and-Trade-(-1986 — Page 225

GRS 300 CONFIDENT HAL

FM HONG KONG

TO PRIORITY FCO

TELNO 2

OF O2O23OZ JANUARY 86

CONFIDENTIAL

INFO PRIORITY PEKING, UKMIS GENEVA

4)

Goukendt. Apoke to Alle Montgomery easked

OUR TELNO 2881: HONG KONG AGREEMENT: RESTRICTED:GATT

UKMIS GENEVA (COPY FOR CARTLAND}

PARAGRAPH 17 OF OUR TUR CORRECTLY RECORDS WHAT LANDEN TOLD US.

سامانه

his to go ahead if he HOWEVER HE CITED NO AUTHORITY FOR HIS VIEW THAT IF HONG KONG WERE (cleved with

DEEMED TO BE A CONTRACTING PARTY (CP) THROUGH ARTICLE XXVM(5)C THEN IT WOULD AUTOMATICALLY INHERIT ANY ARTICLE XXXV INVOCATION

BY AND AGAINST UK.

2. IT COULD BE IMPORTANT TO KNOW WHETHER LINDEN'S PROPOSITION IS . CORRECT SINCE IT COULD PROVIDE A VALUABLE ARGUMENT AGAINST ANY

CHINESE SUGGESTION THAT IT WAS PREMATURE FOR UK TO USE THE XXVH(5) C ROUTE AND THAT CHINA WOULD ALLOW THE SAR TO FOLLOW IN ONLY AFTER 1997.

3. GRATEFUL IF YOU WOULD ASK UKMIS GENEVA TO CHECK WHETHER THERE IS ANY EVIDENCE TO CONFIRM LINDEN'S VIEW E.G. IN A RESOLUTION OF THE CP'S OR IN THEIR ATTITUDES IN PRACTICE.

4. WE HAVE ONE OTHER POINT NEEDING CLARIFICATION REGARDING THE DERIVATION OF DIPLOMATIC PRIVILEGES AND IMMUNITIES IN RELATION TO GATT DELEGATIONS. WE HAVE RECEIVED FROM UKMS GENEVA A COPY OF AN EXCHANGE OF LETTERS OF 18 AUGUST 1977 BETWEEN THE GATT DIRECTOR GENERAL AND THE SWISS GOVERNMENT WHICH APPLIES ''BY ANALOGY, THE AGREEMENT ON PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS CONCLUDED BETWEEN THE SWISS FEDERAL COUNCIL AND THE SECRETARY GENERAL OF THE UNITED NATIONS ON 19 APRIL 1946.'' THE USE OF THE WORD AGREEMENT AND THE DATE QUOTED PUZZLE US. THE DOCUMENT PROVIDING PRIVILEGES AND IMMUNITIES TO THE U.N. IS ENTITLED

-INTERIM ARRANGEMENT'' AND HS SAID TO HAVE BEEN CONCLUDED AT BERNE ON 11 JUNE 1946, AT NEW YORK ON 1 JULY 1946, AND APPROVED BY UN GENERAL ASSEMBLY ON 14 DECEMBER 1946. IN VIEW OF THIS MUDDLE IT WOULD BE WISE TO CHECK WITH THE SWISS GOVERNMENT FOR THEIR VIEWS ON PRIVILEGES AND IMMUNITIES BEFORE ANY SEPARATE HONG KONG OFFICE WERE TO BE ESTABLISHED. GRATEFUL IF YOU WOULD ASK UKMPS GENEVA TO MAKE DISCREET ENQUIRIES ABOUT THIS SINCE IT IS APPARENTLY A MATTER OF INTEREST TO THE CHINESE.

YOUDE

HONG KONG AGREEMENT: RESTRICTED

LIMITED

HD/HKD - HD/ECD (E)

HD/FED

RESEARCH D (FE)

D/HD PUSD

MR. WILSON

COPIES TO:

MR FIFOOT, LEGAL ADVISERS

MR WOOD LEGAL ADVISERS

CONFIDENTIAL

ECDE) Made) Рапон

HAIT 040/2

RECEIVED IN REGISTRY

INDE

- 8 JAN 1986

OFFICER

PA

REGISTRY

Non Taken

211

Page 225Page 226