TNAG-2521-FCO40-3680-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1992 — Page 17

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SAR. Indeed if the latter view were

to prevall it could

This is

have seriously adverse consequences for the SAR. because in many cases the treaties in question do not have

provisions allowing accession only in respect of a part of

Moreover even

In those cases

where

a state's territory.

there are provisions allowing

a selective territorial

it is almost invar lably the

the case of some

and

the

application of the treaty, case (although an exception is made in ILO conventions) that the treaty must be applied to

whole of the metropolitan territory,

may only be

selectively applied or not applied in respect of Its other

territories. application provisions have in the past been designed and used only for dependent territories,

such Furthermore

selective territorial

and It would be

Inappropriate for

the

CPG to

resort to

their use

in

relation to the SAR.

It Is however

submitted

that the

act

on the basis that

right general approach would be

International rights and obligations affecting Hong Kong have already been created in accordance with the terms of

allowed

allowed to continue

the relevant treaties, and should be after 1997, even though there will then be a change in the

sovereign power

foreign affairs.

responsible

for

is which

Hong Kong's

In other words Lt 18 a question

treaty succession and not treaty accession.

of

The following

options take these considerations into account.

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