TNAG-2297-FCO40-3321-Hong-Kong-International-Rights-and-Obligations-(IRO)-Sub-Gro-1991 — Page 6

RECYCLED PAPER

a*at

Tony Brenton Esq

Parliament Street

FCO

SW1

R+R

Department of the Environment

Room

B254

Romney House 43 Marsham Street London SW1P 3PY

Telex 22221

(environment)

MAS 12/2

ик

咖

Direct Line 071-276

Switchboard 071 - 276 3000

GTN 276

8239

Fax: 071-276 8285

10 December 1991

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Hlar 031/9 the But

Busten.

RECL

1 ... 1991

Grateful for your Coment

12/12

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Белтер

MONTREAL PROTOCOL: HONG KONG

As I think you know, Hong Kong has asked us whether it could attend meetings of the Montreal Protocol Parties as an observer and if so, how this could be arranged.

Hong Kong is concerned that decisions binding on the territory may be made in its absence. As far as amendments to the Protocol are concerned, there is no problem. Hong Kong is free to decide whether or not it wishes to ratify them. However, they have a point as far as adjustments to the phase out schedules of already controlled substances are concerned. Adjustments agreed under Article 2.9 are automatically binding on all Parties.

Hong Kong is entitled to apply to attend meetings as an observer under Article 11(5) of the Protocol. They would need to approach the UNEP Secretariat if they wished to do so. However, we would prefer to discourage Hong Kong from attending as an observer. This is because, under their own flag, they might express views which were not in accordance with the UK position and possibly upset the Chinese in the process.

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As an alternative, we could invite Hong Kong to attend as part of the UK delegation. While the Commission negotiates on behalf of Member States on control measures, the UK delegation could if necessary

while supporting the Commission raise issues pertaining to territories such as Hong Kong. We would clearly hope that the necessity for such interventions would not arise but rather fear that we cannot refuse the Hong Kong request to attend meetings. It would be helpful to know what happens in other international fora.

There may be other problems with Hong Kong participating as part of the UK delegation. We would be grateful for FCO's views. Would attendance by Hong Kong as either an observer or as part of the UK delegation cause difficulties with China?

B