TNAG-2297-FCO40-3321-Hong-Kong-International-Rights-and-Obligations-(IRO)-Sub-Gro-1991 — Page 77

///

CODE 18-77

Ms Barrett

Legal Advisers

CONFIDENTIAL

HKC031/9

Reference

FILE.

(27)

INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING

(1946) AND ITS PROTOCOL: APPLICATION TO HONG KONG

(16

1. I attach copies of Hong Kong telno 1311, Mr Darby's minute of 2 May, FCO telno 885 and Hong Kong telno 1542.

18

25

2. As you can see, it is unclear whether the UK ratification of the 1946 Convention on Whaling included Hong

Kong or not. There is no clear indication that it did so

but Hong Kong had assumed that Article 1, taken together with the absence of a clear provision on territorial application, implied that UK ratification could be interpreted to include Hong Kong (and presumably other DTs).

I should be grateful for your advice on this point. Since the implications of a finding one way or the other would go quite widely, you may wish to consult other Legal

Advisers.

26

Rokraja

PA Major (Ms)

Hong Kong Department

WH305

270 2655

20 May 1991

CC: Mr Evans, ESED

Mr Darby, NTCD

TOMBCD/1

CC

CONFIDENTIAL