TNAG-2512-FCO40-3665-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1992 — Page 95

BY FAX

16 October 1992

Miss Jenny Chok

Constitutional Affairs Branch

Government Secretariat

HONG KONG.

pla

120 human rights

BILU E

031/4

Foreign & Commonwealth

Office

GIA

London SW1A 2AH

Telephone: 071-270-3287

Jew Tany

IRO SUB-GROUP:

7

MULTILATERAL TREATIES:

"NATIONALITY AND REFUGEES"

CATEGORY: CHINESE RESERVATIONS/DECLARATIONS

1. With reference to Hong Kong telno 2516 paragraph 4: below are the reservations/declarations made by the PRC in respect of the 1951 Geneva Convention and the 1967 Protocol.

1951 Geneva Convention Relating to the Status of Refugees: (i) reservation in respect of Article 14:

2.

"In the territory of any other contracting state, he shall be accorded the same protection as is accorded in that territory to nationals of the country in which he has his habitual residence."

(ii) reservation in respect of Article 16:

"Application excluded."

1967 Protocol Relating to the Status of Refugees (New York, 31 January): signatory: "China, with the reservation in respect of Article 4".

3.

You mentioned the "1969 Protocol". This does not seem to exist. We presume you mean the 1967 Protocol as above: could you clarify? We will get the text of the "reservation in respect of Article 4" as

4.

soon as we can.

We will pass on to you any comments we may have on the four draft discussion papers as soon as possible.

5.

Yours ever,

J N Marshall

Jonathan

Hong Kong Department