TNAG-1519-FCO40-2080-Employment-in-Hong-Kong-1986 — Page 38

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3.

So far as the self-governing powers exception is concerned there are provisions whereby, after consulting the government of the territory, the metropolitan power makes a declaration accepting the obligations of a Convention on behalf of the territory and an additional provision whereby it may terminate the

It seems to me that this acceptance of those obligations.

exception is a case where in addition to assuming its initial obligations by ratification, the metropolitan power assumes a separate and distinct obligation in relation to a particular territory. But that situation is totally different from the second exception. Here it is not the case of the assumption of a new obligation that obligation is assumed from the moment of, What is involved is the variation and as part of, ratification. of the initial obligation to take account of specific circumstances in parts of the territories to which the relevant Convention applies by the very fact of ratification.

Once that ratification

is undone by a denunciation, it is undone not only in respect of the metropolitan territory itself, but also in respect of the territories governed by the second exception.

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Paul Fifoot

Deputy Legal Adviser