TNAG-2299-FCO40-3327-Hong-Kong-international-labour-conventions-1991 — Page 33

CONFIDENTIAL

Reference

HKC031/18

@

Mr Smith

International Labour Adviser

HONG KONG'S PARTICIPATION AT ILO ASIAN REGIONAL CONFERENCE

1.

I attach a copy of a letter of 3 September from the Education and Manpower Branch of the Hong Kong Government to Pamela Major, who has now left this Department.

2.

As you will see the Hong Kong Government would like to participate in its own right in the 11th Asian Regional Conference of the ILO in Bangkok from 26 November to

3 December. Mr Miu points out that there is a precedent for this: Hong Kong attended the 10th Regional Conference in Jakarta in 1985 in its own right.

3.

Experience has shown that the Chinese Government is likely to protest against Hong Kong's separate participation in international meetings of this sort if Hong Kong's presence in any way implies that the territory possesses independent sovereign status. The wording of the "Rules concerning the Power, Functions and Procedures of Regional Conferences covered by the ILO" which Mr Miu quoted in his second paragraph appears to overcome this problem, but I should be grateful if you could confirm that this is indeed the case.

4.

Subject to the above I can see no objection to Hong Kong's attendance, and, if you agree, will inform Hong Kong accordingly. I should also welcome views from legal advisers. If we decide to agree that Hong Kong should attend, would you be prepared to apprach the ILO along the lines proposed in the fourth paragraph of Mr Miu's letter, asking them to extend an invitation to Hong Kong and to inform China? This aspect may also require careful consideration: I should be grateful for legal advisers' views on whether we rather than the ILO would be under any obligation to inform the Chinese.

Christy the Sainty.

CJ Sainty

Hong Kong Department

WH 305

270 3287

Received reply by telephone from ILA office.

ILA content for Hong Kay to

same terms

should approach

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before

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ILO via UND accordingly

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5 September 1991

cc: Ms Barrett, Legal Advisers

Miss Brooks, Legal Advisers

Telet

Esisia

CODE 18-77

CYMAIX

TG

CONFIDENTIAL