TNAG-2110-FCO40-3009-Hong-Kong-participation-in-international-organisations-1990 — Page 65

CODE 18-77

Mr Darby

NTD

[HKCO31/10

MY

- & OUT 1990

RIDAGT

File

Reference.

78

CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS

1. Please refer to your minute of 19 September.

2. I have further consulted our Legal Advisers and suggest that you respond to Miss Ho's letter in the following terms:

3.

"Our comments on the discrepancies which you have identified are as follows:

(i) The UN Status List accords with our own Treaty Records as regards Australia and you should amend the reference in your Order.

You should however omit the words "other than Papua New Guinea" since the latter is now independent.

(ii) Belize is certainly no longer a party by virtue of the United Kingdom's accession since it became independent in September 1981. However, in a statement of 29 September 1982 to the Secretary General of the United Nations, the Prime Minister of Belize said that Belize would continue to apply provisionally those Treaties which had been extended to them by the UK until they notified the appropriate authorities otherwise. I attach a copy of the relevant extract from TS82/1983 CMND 9107. We have no indication whether Belize have either withdrawn from or deposited an instrument of succession to the Treaty. We are pursuing this point with [the United Nations/the Belize authorities].

(iii) The UN Status List accords with our own Treaty Records as regards Guernsey and you should amend the reference in your Order."

I suggest that you then pursue the Belize point either with the United Nations Treaty Section or Belmopan.

20 September 1990

Atilayo

PA Major (Ms)

Hong Kong Department WH305

270 2655