TNAG-2112-FCO40-3011-International-Rights-and-Obligations-Sub-Group-of-the-Sino-B-1990 — Page 86

CONFIDENTIAL

042631

MDLIAN 4799

CONVENTION (ARTICLE 44) AND CONTAINS SUPPLEMENTARY PROVISIONS AIMED AT CONSIDERING THE FACILITIES PROVIDED BY STATES TO ENCOURAGE COMMERCIAL ROAD TRAFFIC TO THE CONVENTION.

2. THE UNITED KINGDOM RATIFIED THE CONVENTION ON 30 JULY 1959. THE CONVENTION ENTERED INTO FORCE ON 8 APRIL 1959 IN ACCORDANCE WITH ARTICLE 34. ARTICLE 37 PROVIDES THAT ANY COUNTRY MAY, AT THE TIME OF SIGNING THIS CONVENTION WITHOUT RESERVATION OF RATIFICATION OR OF DEPOSITING ITS INSTRUMENT OF RATIFICATION OR ACCESSION OR AT ANY TIME THEREAFTER, DECLARE BY NOTIFICATION THE EXTENSION OF THIS CONVENTION TO ALL OR ANY OF THE TERRITORIES FOR THE INTERNATIONAL RELATIONS OF WHICH IT IS RESPONSIBLE. THE UNITED KINGDOM MADE SUCH A DECLARATION IN RESPECT OF HONG KONG ON 21 SEPTEMBER 1960 TEXT AT ANNEX B.

BENEFITS

3. THE APPLICATION OF THIS CONVENTION TO HONG KONG FACILITATES INTERNATIONAL ROAD TRAFFIC BY PROVIDING FOR THE TEMPORARY IMPORTATION OF COMMERCIAL ROAD VEHICLES AND PROVIDES FOR THE USE, FOR SUCH VEHICLES, OF THE CUSTOMS DOCUMENTS PRESCRIBED FOR PRIVATE ROAD VEHICLES. THIS HELPS TO STIMULATE TRADE BY PROVIDING COMMERCIAL UNDERTAKINGS OPERATING FROM OUTSIDE HONG KONG WITH BETTER TRANSPORT FACILITIES.

PROPOSALS

4. THE BRITISH SIDE PROPOSE THAT THE CONVENTION TOGETHER WITH ITS PROTOCOL AND ITS ANNEXES, SHOULD CONTINUE TO APPLY TO THE HONG KONG SAR AFTER 30 JUNE 1997 IN ACCORDANCE WITH THE JOINT DECLARATION. TO ACHIEVE THIS RESULT, IT WILL BE NECESSARY FOR THE CPG IN SOME WAY TO INDICATE TO ALL PRESENT CONTRACTING PARTIES, AND ALL GOVERNMENT WHICH MAY BECOME PARTIES BEFORE 1 JULY 1997, THAT ALL THE INTERNATIONAL RIGHTS AND OBLIGATIONS ARISING FROM THE CONVENTION AND PROTOCOL, TO THE EXTENT TO WHICH THEY APPLY TO HONG KONG, WILL BE ASSUMED BY THE CPG WITH EFFECT FROM 1 JULY 1997 AND APPLY TO THE HKSAR OF THE PRC. IT WILL FURTHER BE NECESSARY TO ENSURE SO FAR AS POSSIBLE THAT THOSE CONTRACTING PARTIES EITHER AGREE, OR AT LEAST ACQUIESCE. IN THE OPINION OF THE BRITISH SIDE, THE BEST METHOD FOR SECURING THIS OBJECTIVE WOULD BE AS DESCRIBED IN PARA 7 OF THE PAPER HANDED TO THE CHINESE SIDE ON 15 MARCH 1989.*

DRAFT PAPER ENDS

WILSON

2

PAGE

CONFIDENTIAL