TNAG-1492-FCO40-2050-Future-of-Hong-Kong-General-Agreement-on-Tariffs-and-Trade-(-1986 — Page 86

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CONFIDENTIAL

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CONFIDENTIAL

FM UKMIS GENEVA

TO PRIORITY FCO

TELNO 207

OF 241527Z APRIL 1986

INFO PRIORITY HONG KONG, PEKING

Л

FCO TELNO 737: HONG KONG AND GATT: STATUS OF HONG KONG OFFICE

1. THE IMPORTANT POINT FOR HONG KONG IS THAT THEIR REPRESENTATIVE

TO GATT SHOULD BE CLEARLY IDENTIFIABLE AS OPERATING IN GATT IN HIS

OWN RIGHT OUT OF HIS OWN OFFICE. FOR NON-GATT MATTERS, THESE WILL CONTINUE TO BE THE RESPONSIBILITY OF THIS MISSION, NORMALLY WITH

THE PARTICIPATION OF MEMBERS OF HONG KONG OFFICE AS APPROPRIATE.

2. THIS BASIC POSITION NS ALREADY ASSURED, AS A RESULT OF OUR DECLARATION OF 23 APRIL AND THE IMMINENT NOMINATION OF CARTLAND AS

HONG KONG REPRESENTATIVE TO GATT. THE GATT SECRETARIAT HAVE

INFORMED US THAT CARTLAND AND THE OTHER MEMBERS OF THE HONG KONG

OFFICE WILL AUTOMATICALLY BE LISTED ON A SEPARATE PAGE HEADED HONG

KONG IN THE DIRECTORY OF GATT CONTRACTING PARTIES, BETWEEN HAITH- AND HUNGARY. THIS, COUPLED WITH HONG KONG'S SEPARATE SEATING IM

CATT AS FROM 28 APRIL, CONSTITUTES THE VISIBLE EVIDENCE OF CHANGE TO

WHICH HONG KONG NATURALLY ATTACH IMPORTANCE (HONG KONG TEL NO 1147,

PARAGRAPH 3).

3. HONG KONG MAY BE TECHNICALLY CORRECT IN SUPPOSING THAT IT WOULD

BE POSSIBLE FOR THE SWISS TO ACCORD THE HONG KONG OFFICE DIPLOMATIC

RIGHTS AND IMMUNITIES BY VIRTUE OF HONG KONG'S CP STATUS (HONG KONG

TUR, PARA 4) SUT WE AGREE THAT THE SWISS AUTHORITIES ARE LIKELY TO

BE RELUCTANT. DOTH THE US AND THE FRENCH DELEGATIONS TO GATT, FOR EXAMPLE, DERIVE THEIR PRIVILEGES FROM THE MAIN UN MISSION HERE, EVEN

THOUGH THEIR NAMES DO NOT APPEAR ON THE UN LIST.

4. THERE ARE ALSO THE PRACTICAL PROBLEMS YOU HAVE MENTIONED IN PARA

3 OF YOUR TUR. WE ARE NOT CLEAR WHAT, IF ANY, ADDITIONAL BENEFITS HONG KONG'S REPRESENTATIVES WOULD OBTAIN. AS YOU POINT OUT,

ANYTHING WHICH SUGGESTED THE ESTABLISHMENT OF THE HONG KONG OFFICE

AS AN INDEPENDENT DIPLOMATIC ENTITY WOULD BE UNVELCOME TO THE

CHINESE. SEPARATE DIPLOMATIC STATUS (EVEN IF ACCORDED) WOULD NOT

OBWATE THE NEED FOR HONG KONG'S REPRESENTATIVES TO APPEAR UNDER THE

OVERALL UK RUBRIC IN THE UN LIST (AS FOR EXAMPLE DOES OUR OWN

DISARMAMENT DELEGATION, ALTHOUGH IT OPERATES QUITE SEPARATELY HERE

UNDER ITS OWN AMBASSADOR.}

5. 1 SUGGEST THAT THE APPARENT CONTRADICTION BETWEEN PARAGRAPHS

5(B) AND PARAGRAPH 6 OF HONG KONG TUR CAN BE RESOLVED AS FOLLOWS:

(A)

HONG KONG REPRESENTATIVES TO ENJOY DUAL FUNCTIONS BOTH AS

REPRESENTATIVES TO GATT IN THEIR OWN RIGHT AND AS MEMBERS

OF A SEPARATE SUB-SECTION OF THE UK MISSION (AS NOW).

CONFIDENTIAL

HKK 122/1

RECEIVED IN REGIS HY

29 APR 1986