TNAG-2297-FCO40-3321-Hong-Kong-International-Rights-and-Obligations-(IRO)-Sub-Gro-1991 — Page 16

Ms Foulds

COVERING `CONFIDENTIAL

Reference

International and Commonwealth Section

RAD

Room OAB 2/77

HUC031/9

54

APPLICATION OF INTERNATIONAL TREATIES TO HONG KONG

Ms Barrett, Legal Advisers, has suggested that you might be able to shed some light on the following problem.

1.

2. We are in the process of consulting the Chinese over the continuing application after 1997 of the various multilateral treaties which presently apply to Hong Kong. In this context we have been considering the International Convention for the Regulation of Whaling (1946) and its Protocol (1956). Neither we nor NTCD have been able to establish whether this Convention and Protocol in fact apply to Hong Kong as they are both silent as to territorial application. The UK's instruments of ratification refer only to "the Government of Great Britain and Northern Ireland".

3. The question hinges on UK treaty practice in the 1940s and 50s. I attach past minuting and papers on this, on the basis of which Ms Barrett has expressed the view (her minute of 6 June) that it is highly probable that the Convention and Protocol do apply to Hong Kong. But we should be absolutely certain that this is the case. I should therefore be most grateful if you could clarify this point.

Christypha Sainty.

CJ Sainty

Hong Kong Department WH305

270 3287

CODE 18-77

2 September 1991

CC:

Ms Barrett, Legal Advisers Mr Darby, NTCD

T

CYMAIQ TG

COVERING CONFIDENTIAL