10 December 1990
Copied to
to Mr Wilson ESB Mr Ireland CAB
RM 18/12
DIEU
Foreign & Commonwealth
Office
FILE
(92)
London SWIA 2AH
Telephone: 071-
FA Neal Esq
UKREP ICAO
MONTREAL
Dear Fred,
HKC031/10
RECENT
INDEX
11 DEC 1990
HONG KONG: INTERNATIONAL AGREEMENTS
You
1. Please refer to your letter of 20 November to Pat Braunton which she has copied to us for comments. raise some interesting points about the operation of our 1986 guidelines with the Chinese, on which I have consulted our Legal Advisers.
2.
The Guidelines are primarily designed to deal with cases where the UK intends to apply to Hong Kong a new international agreement. Paragraph 2 of the Guidelines is, for the most part, concerned with the procedure for this. Paragraph 2 (4) of the Guidelines, however, provides for consultation in advance on "amendments or modifications to existing international rights and obligations" (by implication which have been extended to Hong Kong) if they are "substantial or significant for Hong Kong". The question arises whether this paragraph is intended to apply only to those amendments and modifications which may extend to Hong Kong by virtue of an act of the United Kingdom, or to amendments and modifications which will extend irrespective of the action of the United Kingdom.
3.
Our Legal Advisers have identified in the present context, three ways in which an international agreement may be amended (in such a way that the amendment would extend to Hong Kong). First, the agreement may establish a
"legislature", eg consisting of representatives of some or all of the parties to the agreement. That "legislature" may make amendments to the agreement, or to sub-agreements established under the agreement, which will come into force, if they have a sufficient majority vote in the "legislature",
ROEAJC
No comments yet.
Private notes are available after approval.