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014767 MDL N 8121|
THE CHILDREN SEEKING ASYLUM IN HONG KONG EXCEPT INSOFAR AS CONDITIONS AND RESOURCES MAKE FULL IMPLEMENTATION IMPRACTICABLE. IN PARTICULAR, IN RELATION TO ARTICLE 22, THE GOVERNMENT OF THE UNITED KINGDOM RESERVES THE RIGHT TO CONTINUE TO APPLY HONG KONG LEGISLATION GOVERNING DETAINING OF CHILDREN SEEKING REFUGEE STATUS, THE
DETERMINATION OF THEIR STATUS AND THEIR ENTRY INTO, STAY AND DEPARTURE FROM HONG KONG.
UNQUOTE
WE THINK THE WORDS OPEN SQUARE BRACKET OF PERSONS CLOSE SQUARE BRACKET (IN MR AUST'S MINUTE) CAN BE DISPENSED WITH AS THE TEXT OF ARTICLE 22 CLEARLY CONTEMPLATES BOTH ACCOMPANIES AND UNACCOMPANIED CHILDREN.
3.
IF THE ABOVE PROPOSALS ARE ACCEPTABLE TO YOU, GRATEFUL IF YOU COULD FAX A FINAL TEXT OF RESERVATIONS, INCORPORATING BOTH THE RESERVATIONS OF THE UK AND HONG KONG TO US SO THAT WE COULD PROCEED WITH CONSULTING THE EXECUTIVE COUNCIL AND THE CHINESE SIDE.
4.
CONCERNING THE TIME REQUIRED FOR CONSULTING THE CHINESE SIDE, AS EXPLAINED IN OUR TELNO 3240, UNDER THE IRO GUIDELINES A RESPONSE FROM THE CHINESE SIDE MAY BE EXPECTED WITHIN 40 DAYS. HOWEVER, THIS TIME LIMIT IS OFTEN EXCEEDED IF THE CHINESE SIDE HAVE QUESTIONS OR TECHNICAL POINTS TO RAISE. WITH THE PRESENT CONVENTION, THE CHIENSE MAY WISH TO CLARIFY THE NATURE AND PURPOSE OF THE RESERVATIONS, PARTICULARLY THE HONG KONG SPECIFIC ONES, SINCE THEY WOULD BE RELEVANT TO ANY RESERVATIONS THE CHINESE GOVERNMENT MAY DECIDE TO ENTER WHEN THEY RATIFY THE CONVENTION.
5.
WE SHALL TRY TO ELICIT A POSITIVE CHINESE RESPONSE WITHIN 40 DAYS, BUT CERTAINLY COULD NOT EXCLUDE THE POSSIBILITY THAT THE PROCESS COULD TAKE SOMEWHAT LONGER THAN THAT.
FORD
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