TNAG-2523-FCO40-3684-Application-of-political-and-diplomatic-multilateral-treatie-1992 — Page 28

律政司署 國際法律科

TKKE HE

TOEGEN 4 F

4019: 852-5-8690720

81710 HKAGC HX

CONFIDENTIAL

ATTORNEY GENERAL'S CHAMBERS

INTERNATIONAL LAW DIVISION

3/F.. EAST WING.

CENTRAL GOVERNMENT OFFICES LOWER ALBERT ROAD, HONG KONG.

Telex 81710 HKAGC HX Fax: 852-5-8890720

The Our Ret

華西盛气 Your Ref.

Tel. No.:

IL/POL/11/4 V

810 2387

16 November 1992

J. Marshall Esq.,

Hong Kong Department,

Foreign & Commonwealth office,

King Charles Street,

London SW1A 2AII

U.K.

Dew John

)

IRO Sub-group: Political and Diplomatic Treaties

We have now looked carefully at the multilateral treaties in the above category and have prepared the attached discussion papers on items 15.7 to 15.10 and 15.17

to 15.19.

is

2.

It might be

argued that we could delete most of these treaties without much loss given that, in practice, the PRC are bound to apply them to the Hong Kong SAR and may well take the line that the application of these instruments

a matter for them. On balance, however, we believe it is worth making formal proposals for their continued application to the Chinese side. There is a good argument, based on grounds of clarity and certainty, that any mechanism we agree with the Chinese side should be a comprehensive one which will provide anyone who is interested with a complete list of all the treaties, whatever their subject-matter, which will continue to apply to Hong Kong after 30 June 1997.

3.

The PRC is, with the exception of item 15.19, a party to these treaties so that, in principle, there should be no problem. In our view, however, there is no prospect of persuading the Chinese to accept UK reservations or declarations. in this category Of treaties e.g. the UK

CONFIDENTIAL