TNAG-1722-FCO40-2415-Future-of-Hong-Kong-Basic-Law-1988 — Page 87

FROM:

PAUL FIFOOT

DATE: 27 JULY 1988

629

Mr Woge

a Miss Jessie Yip, GDB, HK.

HKD

Voly

WH 304

Enter +pa. (B.L.)

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THE INTERNATIONAL COVENANTS

*Kay 28/11/HKB 011/3

RECEIV

27 JUI 1988

1. Amnesty are now repeating the assertions made in the London seminars on the Basic Law that Hong Kong could become a party to the International Covenants because it is a member of a specialised agency. This is not the position in my view, or in that of the Legal Counsel to the United Nations. I attach a copy of UNGA Resolution 1785 which provides for attendance at a conference by "all States Members of the United Nations and members of the specialised agencies

This is the same shape

"

as the provision in Article 48 of the Civil and Political Covenant which relates to "any State member of the United Nations or member of any of its specialised agencies Also attached is an opinion by the then Legal Counsel to the UN (I think it must have been Stavropoulus) on the question whether the Federation of Rhodesia and Nyasaland could attend the conference. He makes the point that although the Federation was a member of ITU, it was not a State and therefore could not attend. It is clearly implied in this that resolution 1785 extended to States Members of the Specialised Agencies.

of

Paul Fifoot Legal Advisers K 199