TNAG-2522-FCO40-3681-Application-of-United-Nations-conventions-to-Hong-Kong-1992 — Page 68

HKC 031/21

Mr Bunten

HKD

см

Reference

From: Ms Jill Barrett Assistant Legal Adviser K 174 270 3381

Date: 23 July 1992

pa

APPLICATION OF UN CONVENTIONS TO HONG KONG

1. I refer to your minute of 9 July concerning a teleletter from Ottawa and your draft reply.

I would suggest you amend your draft reply to read as follows:

2.

"1. If the UK were to accede to the UN Convention on the International Sale of Goods it would be open to HMG to decide whether or not to extend its application to Hong Kong, and to make a declaration accordingly under Article 93(1).

2. The Convention is only open for accession by States (Article 91(3)). Since Hong Kong is not a State, it is not eligible to become a party to the Convention in its own right."

3. Whether or not the UK could accede with respect to Hong Kong only, without applying it to the UK itself, is a difficult question with no clear answer. Since we have not been asked the question I would prefer that we did not volunteer a view.

Will Ban

Jill Barrett

Assistant Legal Adviser

CODE 18 77

JB6ABE

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