TNAG-2512-FCO40-3665-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1992 — Page 122

CONFIDENTIAL

074011

MDLIAN 74

UNDERSTAND IT, INTERPRETATIVE DECLARATIONS WHICH DO NOT MODIFY THE RIGHTS AND OBLIGATIONS AFFECTING HONG KONG: AND

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(D) ITEMS 8.9, 8.10 AND 8.12 ALL THE RESERVATIONS AND

DECLARATIONS SHOULD BE RETAINED.

THE ABOVE WILL NECESSITATE AMENDMENTS TO THE PAPERS ON ITEMS 8.5 AND 8.8. REVISED PAPERS WILL BE SENT BY FAX TO BUNTEN/HKD.

5. WE HAVE CAREFULLY CONSIDERED HOW TO HANDLE THE QUESTION OF THE ABOVE RESERVATIONS. ONE OPTION WAS TO REQUEST THE WITHDRAWAL OF THE RELEVANT RESERVATIONS IN RESPECT OF HK BEFORE THE DISCUSSION OF THE TREATIES IN THE IRO SUB-GROUP. SUCH A COURSE WOULD REQUIRE PRIOR CONSULTATION WITH THE CHINESE SIDE BECAUSE OF THE NEW IROS WHICH WOULD ARISE AS A RESULT. WE IDENTIFIED A NUMBER OF DISADVANTAGES IN SUCH A COURSE. FIRST, CHINESE SUSPICIONS ARE LIKELY TO BE AROUSED BY SUCH CONSULTATION. SECONDLY, CONSULTATION ON NEW IROS, PARTICULARLY IN THIS CONTEXT, COULD TAKE A LONG TIME AND COULD SERVE AS AN EXCUSE ON THE CHINESE SIDE FOR DELAYING SUBSTANTIVE DISCUSSION IN THE IRO SUB-GROUP OF THE HUMAN RIGHTS TREATIES (CURRENTLY SCHEDULED FOR NEXT SPRING). THIRDLY, SUCH ACTION WOULD NOT COVER THE CASE OF MOST OF THE RESERVATIONS CONCERNED WHICH NEED TO BE MAINTAINED BEFORE 30 JUNE 1997 BUT ARE CLEARLY INAPPROPRIATE FOR THE HKSAR AND CAN SAFELY BE ALLOWED TO LAPSE AFTER THAT DATE. WE HAVE THEREFORE CONCLUDED THAT THE BEST COURSE WOULD BE TO TACKLE THE PROBLEM IN THE IRO SUB-GROUP ITSELF AND MAKE SPECIFIC PROPOSALS TO THE CHINESE SIDE IN THE SUB-GROUP ON THE CONTINUED APPLICATION OR OTHERWISE OF THE RESERVATIONS CONCERNED AFTER 1997. WE UNDERSTAND THAT IN THE CASE OF ITEM 8.5 (WHERE WE WOULD PROPOSE THAT THE EXISTING RESERVATIONS SHALL BE ALLOWED TO LAPSE AFTER 30 JUNE 1997), SUCH AN APPROACH WOULD RUN COUNTER TO OUR ESTABLISHED LINE THAT ALL EXISTING IROS SHOULD CONTINUE (I.E. SUBJECT TO ALL UK RESERVATIONS). HOWEVER, WE BELIEVE THAT SUCH AN APPROACH IS DEFENSIBLE IN THIS CASE GIVEN THAT SOME OF THE CONVENTIONS ARE QUITE OLD AND SOME RESERVATIONS NO LONGER MEET HONG KONG'S PARTICULAR NEEDS. GRATEFUL FOR YOUR

VIEWS ON THIS PROPOSED APPROACH.

6. WE HAVE ALSO SORTED IT OUT THAT THE RELEVANT AUTHORITY IN HONG

KONG FOR ACTION AGAINST THE PROCUREMENT OF WOMEN OR GIRLS FOR

IMMORAL PURPOSES ABROAD (ITEMS 8.1 8.2) IS THE POLICE AND HAVE

INSERTED THIS IN THE RELEVANT TREATY PAPER.