TNAG-2297-FCO40-3321-Hong-Kong-International-Rights-and-Obligations-(IRO)-Sub-Gro-1991 — Page 8

HKC 031/9

Mr Lodge ESED

Reference......

From: Ms J Barrett

Assistant Legal Adviser K 174 270 3381 Date: 6 December 1991

CC:

Mr Bunten, HKD Mr Darby, NTCD

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HONG KONG AND THE MONTREAL PROTOCOL AMENDMENT

59

1. Hong Kong have told us that they wish to be included in the UK's ratification. I assume that they must be referring to our ratification of the amendments to the Montreal Protocol adopted at the Second Meeting of the Parties in London in June 1990. However, there are two fundamental reasons why we cannot agree to this; firstly, we need to consult the Chinese in advance through the JLG, and secondly, HK need to have implementing legislation in place. When both these procedures have been completed, we can of course notify the Depositary of our wish to extend the UK's ratification to include Hong Kong, as for other DTS. As I have explained on previous occasions, * the legal basis for the UK depositing an instrument of ratification and then later seeking to extend it to other territories is not secure in the case of treaties like the Montreal Protocol which make no provision for such extensions. Nevertheless we have extended earlier ratifications to additional territories on several occasions in recent years without receiving any objections or queries from other Parties, so it seems highly likely that we will get away with it again. To avoid attracting too much attention to this practice, we should arrange if possible for all the DTs who wish to have this ratification extended to them at a later date to be covered in one notification.

The need to consult the Chinese arises from the 1986 IRO Guidelines. I regret that I have to disagree with

2.

In

Mr Newell's view that the amendments concerned are not "substantial or significant. for Hong Kong "within the meaning of para.2(4) of the Guidelines. The effect of the 1990 amendments was to rewrite completely the Montreal Protocol, adding new obligations of a very substantial nature. particular, a Financial Mechanism was established to which Parties are required to contribute on the UN scale of assessments. These amendments are extremely "substantial and significant" for the UK, and I would think are bound to be so for HK. I wonder whether Mr Newell has been supplied with the correct text; given that he refers to "the list of products elaborated at the 3rd meeting of the Parties", it looks as though he has been misinformed as to the full extent of these amendments.

CODE 18-77

* Hise refer to my ninate of 2 Aug 1990 to Mr. Dalton on the

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