TNAG-2297-FCO40-3321-Hong-Kong-International-Rights-and-Obligations-(IRO)-Sub-Gro-1991 — Page 11

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本署檔號 Our Ref.:

CONFIDENTIAL

57

GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD

mi

HONG KONG

5 November 1991

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Mr furry

Mr. Jox

Lodge

3384

來函檔號 Your Ref.:

JM Lodge Esq

Environment, Science & Energy Department

FCO

Jean Lodge,

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Hong Kong and the Montreal Protocol

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MB.

I have been passed a copy of your letter of 8 October to the Governor. It has caused some consternation here, particularly in the Planning, Environment & Lands Branch of the Hong Kong Government, which is responsible for environmental matters such as Hong Kong's obligations under the Montreal Protocol.

2.

The question that puzzles us is the suggestion in paragraph 4 of your letter that China will assume responsibility for the island of Formosa (Taiwan) in its instruments of ratification of the Montreal Protocol. I should be grateful to know whether this is the view of the FCO legal advisers. Although it is certainly true that the PRC claims sovereignty over Taiwan and formally considers it a province of the PRC, our legal advisers can find no instance where the PRC has either included or excluded the province of Taiwan when ratifying a multilateral treaty. As a practical matter, I imagine the Peking Government would not wish specifically to assume responsibility in international law for Taiwan's adherence to undertakings, where in practice they are not in a position to exercise control. Were they to do so, the Taiwanese could put China in breach of its international obligations at any time wished.

they?

3.

Our concern is that if Taiwan is to be considered party to the Protocol because it is covered under China's ratification, then Taiwan's quota of ozone depleting substances will be part of China's, and our trade with China in products containing CFCs will be extremely difficult to manage. can see from the above, we do not believe this can be the case: but I should be grateful for confirmation of the FCO legal advisers' views.

CC FED, FCO

HKD, FCO

Yours eve

Joyphen Bradhy

(S E Bradley)

Deputy Political Adviser

CONFIDENTIAL

As you