TNAG-1491-FCO40-2049-Future-of-Hong-Kong-General-Agreement-on-Tariffs-and-Trade-(-1986 — Page 230

GRS 300 CONFIDENT HAL

FM HONG KONG

TO PRIORITY FCO

TELNO 2

CONFIDENTIAL

1

HKK 040/2 никочо

RECEIVED IN REGISTRY

- 7 JAN 1986

: OFFICER

PA

REGISTRY

Action Taken

OF 02023OZ JANUARY 86

040/24

INFO PRIORITY PEKING, UKMIS GENEVA

437

OUR TELNO 2881: HONG KONG AGREEMENT: RESTRICTED:GATT

UKMIS GENEVA (COPY FOR CARTLAND)

Hv

1985

PARAGRAPH 17 OF OUR TUR CORRECTLY RECORDS WHAT LINDEN TOLD US. HOWEVER HE CITED NO AUTHORITY FOR HIS VIEW THAT IF HONG KONG WERE DEEMED TO BE A CONTRACTING PARTY (CP) THROUGH ARTICLE XXV (5) C THEN IT WOULD AUTOMATICALLY INHERIT ANY ARTICLE XXXV INVOCATION

BY AND AGAINST UK.

34

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.

1

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 MS 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 UKMIS 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