TNAG-2512-FCO40-3665-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1992 — Page 74

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

бла

143122

MDLIAN 8723

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 2516

OF 160856Z OCTOBER 92

INFO ROUTINE UKREP JLG HONG KONG, PEKING

TOP COPY Q DIST?

'NATIONALITY AND REFUGEES'

IRO SUB-GROUP: MULTILATERAL TREATIES: CATEGORY

1. WE ARE FAXING TO MARSHALL, HKD, 4 DRAFT DISCUSSION PAPERS ON TREATIES IN THE CATEGORY OF NATIONALITY AND REFUGEES (ITEMS 14.1 -14.1(1), 14.1(2)-14.1(3), 14.2 AND 14.3).

2. WE ARE AWARE THAT SOME OF THE TREATIES IN THIS CATEGORY ARE

QUITE OLD AND THE CHINESE SIDE ARE LIKELY TO VIEW THEM WITH

CONSIDERABLE MISGIVINGS. WE ARE ALSO AWARE THAT SOME OF THE

OBLIGATIONS IMPOSED UNDER THESE TREATIES CAN BE DERIVED ALSO FROM

OTHER INSTRUMENTS E.G. THE TWO INTERNATIONAL COVENANTS ON HUMAN

RIGHTS (SEE 1954 CONVENTION RELATING TO THE STATUS OF STATELESS PERSONS).

3. ON BALANCE, HOWEVER, WE ARE INCLINED TO PUT FORWARD PROPOSALS FOR THE CONTINUED APPLICATION OF THESE TREATIES AS THEY CONTAIN

SOME USEFUL PROVISIONS WHICH MAY BE OF PRACTICAL BENEFIT TO HONG KONG AS WELL AS PROVIDING GENERAL REASSURANCE. WE WOULD LIKE TO

HAND OVER THE PAPERS BY 3 NOVEMBER AND SHOULD BE GRATEFUL FOR YOUR COMMENTS, IF ANY, AS SOON AS POSSIBLE.

4. IN THIS CONNECTION, THE PRC IS PARTY TO THE 1951 GENEVA CONVENTION RELATING TO THE STATUS OF REFUGEES AND THE 1969 PROTOCOL WHICH DO NOT APPLY TO HONG KONG. WE WOULD, HOWEVER, BE GRATEFUL IF YOU COULD FAX TO CHOK/CAB A FULL TEXT OF ANY PRC RESERVATIONS/DECLARATIONS IN RESPECT OF THESE INSTRUMENTS AS THEY

MIGHT PROVIDE A USEFUL INDICATION OF SOME OF THE POINTS THE

CHINESE SIDE MAY RAISE.

PATTEN

YYYY

1

PAGE

CONFIDENTIAL

03114

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.