TNAG-1655-FCO40-2303-Hong-Kong-and-the-Customs-Co-operation-Council-(CCC)-1987 — Page 52

CONFIDENTIAL

142133 MDHIAN 6026

UNDER THE INTERPRETATIVE

POWER GIVEN TO THE COUNCIL BY ARTICLE III (2) OF THE CONVENTION ESTABLISHING THE COUNCIL, THE LATTER CAN LEGITIMATELY INTERPRET A TREATY PROVISION REFERRING ONLY TO A STATE MEMBER AS ALSO MEANING A NON-STATE MEMBER. HOWEVER IF THE COUNCIL WERE TO ADOPT WITHOUT DISSENT THE INTERPRETATIVE DECISION RECOMMEN- DED IN SECOND TUR, IT WOULD BE DIFFICULT FOR THAT DECISION TO BE UPSET SUBSEQUENTLY. WE WOULD ADDRESS THIS AND OTHER ISSUES IN FULL

IN DUE COURSE.

4. THE CONFUSION CAUSED IS REGRETTED.

WILSON

YYYY

DISTRIBUTION

24

ΜΑΙΝ

23

HONG KONG AGREEMENT RESTRICTED

LIMITED

HKD

HD/FED

DEP HD/PUSD

PS/LORD GLENARTHUR

PS/MR EGGAR

MR MCLAREN

RESEARCH (FE)

ADDITIONAL

1

MR FIFOOT, LEGAL ADVISERS

NNNN

MR GILLMORE

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CONFIDENTIAL