TNAG-2513-FCO40-3666-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1992 — Page 14

Reference.

CONFIDENTIAL

Metafile.

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2010

2 fee 1946

CODE RAD

Mr Sainty (HKD WH 305)

APPLICATION OF INTERNATIONAL TREATIES TO HONG KONG: THE INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING 1946 AND ITS PROTOCOL 1956

-NR 1. I refer to Mrs Morphet's minute to you of 23 October 1991 on this question. Mrs Morphet subsequently obtained the relevant files from the PRO but the Section's workload was such in the run-up to Christmas that it was not possible for anyone to pursue the query until now. With apologies for the delay, I have now looked at all the files (a file list is attached at Flag A for future reference).

2. There is no statement anywhere in these files regarding the applicability of the Whaling Convention and its Protocol to the DTs, including Hong Kong. There are, however, two possible clues (for want of a better word) which suggest that their ratification by "the Government of Great Britain and Northern Ireland" included the DTS:

(a) First, there is the inclusion in the United Kingdom delegation to the International Whaling Conference held in Washington of a representative from the Colonial Office, Mr E Melville. The inclusion of a Colonial Office representative in the delegation does suggest that the negotiations were of direct interest to British Colonies.

(b) This is supported by a covering letter dated 21 October 1954 from the Ministry of Agriculture and Fisheries to the Foreign Office enclosing a Memorandum regarding amendments to be made to the Whaling Convention (FO 371/110656 G6/53: attached at Flag B). The letter asks the Foreign Office for confirmation that it has no objections to the amendments and states that similar letters had been sent to the Ministry of Transport, Privy Council Office and Colonial Office. The Colonial Office replied on 27 October 1954 that the Secretary of State for the Colonies had no objection to the amendments (FO 371/110656 G6/53 B: attached at Flag C).

The fact that the explicit approval of the Colonial Office to the amendments was sought implies that the Convention applies to those countries for which the Colonial Office had responsibility.

3. I am afraid that I am therefore unable to give you a definite answer but the above does, I think, add weight to Ms Barrett's view that the Convention and Protocol very probably do apply to Hong Kong.

Hele hagh Pluppard

Helen T Leigh Phippard International Section Research & Analysis Dept

OAB 2/77 210 6726

31 January 1992

cc Ms Barrett (Legal Adviser K 174)

Mr Darby (NTCD CL 502) Mr Wye (RAD OAB 2/124)

CONFIDENTIAL

HKC 031/5.

см.

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