CODE 18-77
Ms Major
CONFIDENTIAL
HKC180/12
RECEIVED IN REGISTRY
16 FEB 1990
IASTA: STATE OF PLAYESK OFFIC
1.
2.
INDEX
**
REGISTRY
Action Taken
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weiks
Ms Hancock
Grateful if you would pursue
outstanding
the
action
In November, Hong Kong sought our advice as to how to secure continued application of the International Air Services Transit Agreement to Hong Kong. They are examining the subject in the context of a "treaty succession" proposal which they have made in the IRO sub-group, under which the UK and PRC would enter into arrangements whereby the PRC would succeed to IROS under a large number of treaties including IASTA.
3.
RM2072
Hong Kong sought precedents in earlier cases of succession to IASTA. In reply, Legal Advisers drew Hong Kong's attention to the Vienna Convention on Succession of States in respect of Treaties. We do not seem to have taken this Convention into account in our proposal in the IRO sub-group, presumably because neither China nor the UK is a party to the Convention.
4.
The following action is at hand:
(a) Hong Kong have requested some further information about the Convention. I have asked Mr Whomersley of Legal Advisers to provide us with the material;
(b) Hong Kong have suggested a defensive line for use if the Chinese ask how our proposal can be reconciled with the Convention.
and
Again, I have asked for Mr Whomersley's comments;
(c) On the specific subject of IASTA, I have asked Treaty Section, NTD, to obtain from the PRO copies of the depository notifications used in two earlier cases of succession to the Treaty (Ceylon and Pakistan). If these documents have not been destroyed, NTD can let us have them in the next couple of weeks. I will then send copies to Hong Kong. However, Legal Advisers do not think that these precedents will prove of much help.
CAEAJO
CONFIDENTIAL
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