TNAG-1957-FCO40-2786-Hong-Kong-Animals-and-Plants-(Protection-of-Endangered-Speci-1989 — Page 57

CONFIDENTIAL

FM HONG KONG

TO DESKBY 29120OZ FCO

TELNO 3931

OF 29100OZ NOVEMBER 89

CONFIDENTIAL

HKCISI

PERSONAL FOR PAUL HKD FROM GOVERNOR

B29

TOP COPY Q D.ST ?

YOUR TELNO 2390: HONG KONG AND THE IVORY TRADE

333)

056057 MDHIAN 7084

SINCE DESPATCH OF MY TELNO 3915, WE HAVE SPOKEN WITH HOLROYD, HKD, GIVING A SPECIFIC EXAMPLE OF THE KIND YOU ARE SEEKING. THIS AROSE FROM HONG KONG'S PARTICIPATION IN THE MULTILATERAL NEGOTIATIONS UNDER THE AUSPICES OF THE GATT LEADING TO THE CONCLUSION OF THE MULTI FIBRE ARRANGEMENT (MFA) IN 1973. IN THIS CASE, IN EXERCISING AUTONOMY IN COMMERCIAL RELATIONS, HONG KONG TOOK A POSITION VERY DIFFERENT FROM THAT OF THE UK OR EEC.

2. IN THE COURSE OF THE NEGOTIATIONS ON THE MFA, MEMBERS OF THE HONG KONG ADMINISTRATION IN THE UK DELEGATION USING THE FORMULATION QUOTE UK SPEAKING ON BEHALF OF HONG KONG UNQUOTE CA FORMULATION WHICH ALLOWED HONG KONG TO HAVE ITS OWN VOICE BEFORE IT WAS ACCORDED SEPARATE GATT CONTRACTING PARTY STATUS IN 1986), CONSISTENTLY TOOK THE POSITION OF AN EXPORTER AGAINST THE POSITION OF THE EEC/UK AS AN IMPORTER AND WERE ABLE TO INFLUENCE SIGNIFICANTLY THE TERMS OF THE FINAL AGREEMENT.

3. I UNDERSTAND HKD HAVE ALSO SOUGHT DETAILS FROM HKGO LONDON OF OTHER RESERVATIONS ENTERED BY THE UK IN RESPECT OF HONG KONG. IN ADDITION TO THOSE MENTIONED BY KWOK (HKGO LONDON), A FURTHER EXAMPLE IS ILO CONVENTION NO 147 (MERCHANT SHIPPING, MINIMUM STANDARDS CONVENTION, 1976). THIS CONVENTION APPLIES TO HONG KONG

WITH MODIFICATIONS.

4. AS TO A CONSIDERED EXPLANATION OF THE DOCTRINE, THE POSITION SURELY MUST BE THAT SINCE HONG KONG IS NOT A SEPARATE PARTY TO MANY INTERNATIONAL AGREEMENTS, IT CAN ONLY BE ASSOCIATED WITH THEM THROUGH THE ACTIONS OF THE SOVEREIGN POWER. WHERE ITS OWN INTERESTS DO NOT FULLY ACCORD WITH THOSE OF THE SOVEREIGN POWER THE DEPENDENT TERRITORY HAS TO RELY ON THE SOVEREIGN POWER TO REPRESENT IT IN PROTECTING THOSE INTERESTS - IE BY THE ENTERING OF MODIFICATIONS, RESERVATIONS OR WHATEVER. THERE IS NO/NO NEED FOR THE SOVEREIGN POWER ACTUALLY TO AGREE WITH THE POLICY OR INTENTIONS OF THE

PAGE

1

CONFIDENTIAL