TNAG-1580-FCO40-2154-Extension-to-Hong-Kong-of-European-Community--European-Free-1987 — Page 26

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It follows from the above that if the Parallel Convention can be extended to the overseas territories, then the Brussels Convention ought also to be capable of such extension and that we should seek a corresponding amendment to the Brussels Convention during the Spanish/Portuguese Accession Convention negotiations. We know that Portugal wishes to extend the Brussels Convention to Macao, so that we ought to have a reasonable chance of securing such an amendment. In this event, we would also have to be prepared to make a declaration of extension of the 1971 Protocol to confer an interpretative jurisdiction on the ECJ. This is not quite so novel as would first appear, since this possibility already exists in respect of territories to which the EC Treaties do not apply (cf. Article 6 of the 1971 Protocol).

One final point on declarations of extension is that the Spanish delegate at the meetings appears to be in a muddle over the position of Gibraltar as least insofar as his public statements are concerned. I think the reason for this is that he himself is an academic (from the University of Alicante) and is probably over-stating his instructions from Madrid. We know from the discussion of the judicial co-operation conventions in the context of European Political Co-operation that Spain does not object to UK extensions of conventions in respect of Gibraltar. In these meetings their line has rather been to ensure that the UK does make such a declaration in respect of Gibraltar in the case of any convention which Spain intends to ratify. Clearly, in the present context, Spain will have an interest in securing an extension of the Brussels Convention to Gibraltar by the time. of Spanish Accession to that Convention and I suspect that the reference by the Spanish delegation to bilateral contacts between the United Kingdom and Spain is a reference to this consideration, rather than it being any concealed challenged to our right to make such a declaration. (Certainly this is how the matter was explained to me privately.)

Yours sincerely,

Michael Carpenter

M Carpenter

CC

I K Mathers Esq

G Evans Esq

C Leeks Esq

K J Chamberlain Esq

Miss H Arthur

C Robertson Esq

F Edgar Esq

DTI Solicitors

ECD (E), FCO

HKD, FCO

UKREP EC Brussels

WIAD, FCO

Scottish Courts Administration Northern Ireland Court Service