TNAG-2136-FCO40-3055-Hong-Kong-International-Air-Services-Transit-Agreement-(IAST-1990 — Page 4

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OR OTHER: OTHERWISE GREAT CONFUSSION WILL RESULT, TO THE DISADVANTAGE OF ALL PARTIES.

5. THE EFFECTIVENESS OF OPTION (C) OR (D), ASSUMING CHINA AGREES TO ONE OR OTHER, WILL OF COURSE DEPEND ON THE REACTIONS OF THIRD STATES (AND OTHER DEPOSITARIES, SUCH AS THE UN SECRETARY GENERAL). THIS IS ILLUSTRATED BY THE FACT THAT IN 1979, DESPITE THE DECISION OF THE UK NOT TO SIGN THE VIENNA CONVENTION, WE FOUND IT NECESSARY TO MODIFY OUR PRACTICE BY NO LONGER SEEKING TO CONCLUDE DEVOLUTION AGREEMENTS WITH DEPENDENT TERRITORIES ABOUT TO BECOME INDEPENDENT. THIS WAS BECAUSE A NUMBER OF MAJOR DEPOSITARIES WERE NO LONGER WILLING TO ACCEPT SUCH AGREEMENTS AS EFFECTIVE AND NOW DO NOT INCLUDE A NEWLY INDEPENDENT TERRITORY AMONG THE PARTIES TO A MULTILATERAL TREATY WITHOUT FIRST OBTAINING CONFIRMATION OF ITS INTENTION. NOTWITHSTANDING THE CONCLUSION OF A DEVOLUTION AGREEMENT. HOWEVER, SINCE THE CIRCUMSTANCES OF HONG KONG ARE ENTIRELY DIFFERENT WE DOUBT THAT THOSE STATES WOULD FOLLOW SUCH A PRACTICE IN THIS CASE. IN THE EVENT OF THE ARRANGEMENT WE MAKE WITH THE CHINESE MEETING ANY OBJECTIONS ELSEWHERE, WE WOULD NOT EXPECT THEM TO BE BASED PRIMARILY ON THE PROVISIONS OF THE VIENNA CONVENTION.

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.HONG KONG AGREEMENT

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RESEARCH D (FE)

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NEWS D

PS/MR MAUDE

PS/LORD BRABAZON MR GILLMORE

MR MCLAREN

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MR WHOMERSLEY LEGAL ADVISERS MS BARRETT LEGAL ADVISERS

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MR FIFOOT LEGAL ADVISERS

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