TNAG-2136-FCO40-3055-Hong-Kong-International-Air-Services-Transit-Agreement-(IAST-1990 — Page 3

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FM FCO

PAPER

TO ROUTINE HONG KONG

TELNO 852

OF 261645Z APRIL 90

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FAK C181/12

30min 1990

INFO ROUTINE PEKING, UKREP JLG HONG KONG

RY

ken

fe

4

043006

MDLOAN 3076

LASTA

hu

3814

YOUR TELNO 4238 OF 27 DECEMBER 1989: HONG KONG AND IASTA: VIENNA CONVENTION ON SUCCESSION OF STATES IN RESPECT OF TREATIES

1. ACCORDING TO THE LATEST INFORMATION AVAILABLE FROM THE UN, 8 STATES HAVE RATIFIED OR ACCEDED TO THE VIENNA CONVENTION (THE 7 YOU MENTION PLUS DOMINICA WHO ACCEDED ON 24 JUNE 1988). THE CONVENTION IS THEREFORE NOT IN FORCE AND UNLIKELY TO BE IN THE NEAR FUTURE.

2. AS FAR AS DEFENSIVE POINTS ARE CONCERNED, THE MAIN ONE IS THAT NEITHER THE UK NOR PRC ARE SIGNATORIES. OUR LEGAL ADVISERS AGREE WITH YOUR ARGUMENT ON ARTICLE 15 BUT WOULD PREFER TO DROP THIS AS A DEFENSIVE POINT SINCE IT IS OF MARGINAL RELEVANCE. (THE MAIN RELEVANCE OF ARTICLE 15 WOULD BE ITS APPLICATION TO TREATY RELATIONS WITH THIRD STATES). WE WOULD ADD THE FOLLOWING FURTHER

DEFENSIVE POINTS:

(A) THE CONVENTION IS NOT YET IN FORCE (FOR ANY STATES) AND IS

UNLIKELY TO BE IN THE NEAR FUTURE.

(B) THE CONVENTION DOES NOT REPRESENT CUSTOMARY INTERNATIONAL

LAW: THERE ARE IN FACT NO CLEAR RULES OF CUSTOMARY

INTERNATIONAL LAW IN THIS AREA

(C)

EVEN IF ANY RELEVANT PART OF THE CONVENTION DID REPRESENT CUSTOMARY INTERNATIONAL LAW, STATES REMAIN FREE TO VARY THEIR OBLIGATIONS BY AGREEMENT.

3. WE ALSO AGREE WITH YOUR POINTS IN PARA 4 ABOUT ARTICLES 8 AND

9.

4. WE CONSIDER IT UNLIKELY THAT CHINA WILL SEEK TO BASE OBJECTIONS ON THIS CONVENTION. APART FROM ANYTHING ELSE, IN RELATION TO ARTICLE 15 IT IS UNLIKELY THAT CHINA WOULD WISH TO

ARGUE THAT IN 1997 HONG KONG WILL QUOTE BECOME UNQUOTE PART OF THE TERRITORY OF CHINA. THERE BEING NO CLEAR RULES OF CUSTOMARY INTERNATIONAL LAW ON TREATY SUCCESSION, IT IS AS MUCH IN CHINA'S INTERESTS AS OURS TO CLARIFY THE POSITION EXPLICITLY IN SOME MANNER

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