Mr Harkin
HKD
HKC
01212
FROM:
Miss S Brooks
13 Art 1992
Legal Counsellor
CUSTRY
DATE:
PA
7
2 April 1992
ст
HONG KONG BILATERAL AGREEMENTS REMAINING IN FORCE AFTER 1997
1. Thank you for forwarding to me a copy of the letter from Mr Edwards (Law Officer ILD, Hong Kong). I fear there is certainly a misunderstanding here. My concern was to raise the question with Mr Edwards of whether we should consult the Chinese side about the Hong Kong agreements with Australia, Canada and the United States before they were registered with the UN. This is because these agreements could run on after 1997 and we are obliged to consult the Chinese about agreements which have continued application after 1997. My concern was not that we should consult the Chinese about whether to register the agreements with the United Nations. I think your paragraph 2 makes this clear, but your paragraph 1 which refers to consulting the Chinese about registering the agreements may have confused Mr Edwards.
2.
The references to which Mr Edwards refers concerning entry into force or termination of the agreements before 30 June 1997 pick up the language used in the final clauses of these three agreements.
3. I entirely agree with Mr Edwards that treaties entered into by the Hong Kong Government under entrustment from the UK should be registered with the UN. I am not in favour of discussing the issue of registration with the Chinese, although I see that Mr Edwards feels that it will be necessary to mention it to them. I think the procedure he suggests would meet the case.
4. Please would you draft a reply to Mr Edwards explaining that we were at cross purposes and that our question was not in fact about registration but about consulting the Chinese about these agreements, given they are in fact capable of continuing after 1997. Please clear your draft letter with
me.
вобщ
Shelagh Brooks,
AEI AKF
S Brooks
pa
16
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