12 March 1992
BY FAX
DM Edwards Esq, CMG
Law Officer IL
International Law Division
Government Secretariat
HONG KONG
RESTRICTED
HKC 012/2
Foreign & Commonwealth
Office
ст
London SW1A 2AH
Telephone: 071-
Dean Jarid, Danich,
день
1. During your brief visit to London last week, we had a short but inconclusive discussion about whether or not to consult the Chinese about registering with the United Nations Hong Kong's Agreements with Australia, Canada and the United States.
2.
Our departmental Legal Adviser pointed out that as these agreements are capable of continuing after 1997, the Chinese ought perhaps to be consulted before registration. Each agreement provides that it continues in force for three years after the date on which each Government has notified the other of the completion of its procedures for entry into force of this agreement. If the other Government were to delay its notification for more than two years and four months (the Hong Kong/Switzerland Air Services Agreement is a case in point) the agreement in question will continue after
A separate problem would also arise if the Hong Kong Government failed to give notice of termination of an agreement in time for it to take effect before 30 June 1997.
3.
Given the subject matter of the agreements, on which the Chinese are likely to have definite views, we ought to consider whether going ahead with registration without consulting the Chinese beforehand would be likely to irritate the Chinese and could lead to a souring of the good working relationship you enjoy in the IRO sub-group. You may on the other hand feel that the risk that one or more agreements will continue after 1997 is outweighed by the disadvantages of consultation.
As you are keen to get there Agreements out of the way, I would be grateful for your early comments.
4.
Jan Even
Dr S D Harkin
Hong Kong Department
ALMAAX
JRB
RESTRICTED
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