TNAG-1580-FCO40-2154-Extension-to-Hong-Kong-of-European-Community--European-Free-1987 — Page 20

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On Article 27(4), which had been the subject of a Swiss paper seeking to isolate France from the rest of the Community and which, during a brief discussion among the EC countries, it had been agreed that we should stand in solidarity with France, there was an inconclusive discussion with positions not changing but Belgium suggesting a possible compromise that one could get rid of all matters of Article 27(4) except capacity. agreed that we should all think about this suggestion.

It was

Article 52(3) again led to a somewhat inconclusive discussion; Droz of the Hague Conference on P.I.L. expressed his concern that women would be harshly treated if this paragraph were to remain. Again, it was agreed to return to this at the

next meeting.

On Articles 60-62 I expressed our desire to keep the Convention open and mentioned that Australia, Canada and New Zealand, while not falling over each other, in the rush to join in, had at least expressed an interest.

We then discussed Article 64(3). I mentioned, as I was bound to do, that the Cayman Islands, the Turks and Caicos and Bermuda were all interested in the Convention and might wish to have it extended to them. I immediately came under pressure

When asked for maintaining our wish for unilateral extension.

why this was I explained that we relied firstly on the doctrine of precedent and secondly that, as a matter of international law, since the United Kingdom was responsible for the foreign relations of the various dependent territories, then other states could only look at the United Kingdom as including all those dependent territories and were not entitled to interfere in the internal ordering of these matters as between the United Kingdom and any particular dependent territory. This was roundly attacked by all and sundry; they pointed out that precedent was not a good argument since territorial extension was now disappearing fast in various other fora (E.G., at the recent Hague Convention on Sales) and that while the international law argument might be all very well as a matter of pure theory, on the practical plan it was unfair to ask states to accept

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