TNAG-2521-FCO40-3680-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1992 — Page 29

∞

Reference Ref.:

HKC

031

/20

From:

itu

Clare Losty ESED

9 JUN 1992

Date:

8 June 1992

C.C.:

kur. C. Tamnay, NTCD

см!

Dr S D Harkin

Hong Kong Department

WH 305

HONG KONG IRO SUB-GROUP

-

MULTILATERAL TREATIES: INTERNATIONAL

TELECOMMUNICATIONS UNION (ITU)

1.

Further to our telephone conversation earlier today, I write to advise you of the position with regard to the ratification of the Nice Constitution and Convention of the ITU (Item 19.8 of discussion papers, paragraphs 2 and 4; see also paragraph 3 of Telno 1466 from Hong Kong).

2.

According to the DTI, the 1989 Nice Constitution and Convention ("old" C/C) has not yet entered into force. This is because a High Level Review Committee (HLC) was established at the 1989 ITU Plenipotentiary to study the structure and functioning of the ITU. Many of the HLC's recommendations will be discussed and carried out at an Additional Plenipotentiary (APP) in Geneva in December. The result will be an amended Nice C/C ("new" C/C), which is unlikely to come into force until 1994.

3.

The UK has not yet ratified the "old" C/C, and will not ratify the "new" C/C until 1994 (subject, of course, to a satisfactory outcome to the APP later this year). It is worth noting that the ratification provisions for the "new" C/C propose a fixed date for entry into force (possibly 1 July 1994) - the "old" C/C required 55 instruments of ratification to be deposited before entry into force (only about a dozen countries have done so). This proposal will be discussed at the APP.

4.

While the HLC recommendations are broadly satisfactory to the UK, it is not possible to judge whether the final outcome of the APP will be acceptable to the UK, or indeed China (although both countries were represented on the HLC - see attached list).

5.

In view of the above, I think it will be necessary for the JLG to re-address the question of the application of the ITU Convention to Hong Kong. Please call me if you have any further queries.

Clave booty

Clare Losty

270-2276

CODE 18-77