TNAG-2525-FCO40-3688-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1992 — Page 14

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

031/29

164146

MDLIAN 2019

TOP COPY

Q DIST?

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 2898

OF 150503Z DECEMBER 92

INFO ROUTINE UKREP JLG HONG KONG, PEKING

ра

سعه

file

IRO SUB-GROUP : MULTILATERAL TREATIES: WARFARE AND DISARMAMENT

JLG RESTRICTED

1 WE ARE FAXING TO MARSHALL, HKD THREE DRAFT DISCUSSION PAPERS IN THE WARFARE AND DISARMAMENT CATEGORY (ITEMS 22.12 - 22.15, 22.17 AND 22.19). WE WOULD LIKE TO HAND THEM OVER TO THE CHINESE SIDE AND SHOULD BE GRATEFUL FOR YOUR COMMENTS, IF ANY, AS SOON AS

POSSIBLE.

2.

WE BELIEVE THAT IT CAN BE ARGUED REASONABLY THAT ITEMS 22.12-

22.15 FALL WITHIN A NON-DEFENCE RELATED CATEGORY OF INTERNATIONAL HUMANITARIAN LAW. WE RECOGNISE, HOWEVER, THAT THE REMAINING TREATIES DO FALL SQUARELY WITHIN THE FIELD OF DEFENCE. AS SUCH

THE CHINESE SIDE MAY TAKE THE VIEW THAT THE QUESTION OF THEIR

APPLICATION TO THE FUTURE HONG KONG SAR IS NOT A MATTER FOR

AGREEMENT WITHIN THE SUB-GROUP.

3.

WE HAVE, NEVERTHELESS, PREPARED PAPERS ON ITEMS 22.17 AND 22.19 SINCE THE PRC IS PARTY TO THE TREATY/CONVENTION AND, IN PRACTICE, IS THEREFORE UNLIKELY TO OBJECT TO THEIR CONTINUED APPLICATION. IT IS, HOWEVER, DIFFICULT TO ARGUE ANY PARTICULAR BENEFIT TO HONG KONG IN THE CONTINUED APPLICATION OF THESE TREATIES AND, IF YOU PREFERRED, WE WOULD BE CONTENT TO DELETE THEM. WE HAVE CONSIDERED ITEM 22.20 CAREFULLY BUT, AS THE PRC IS NOT A PARTY TO THIS CONVENTION, WE SEE NO REALISTIC PROSPECT OF THE CHINESE SIDE AGREEING TO ITS CONTINUED APPLICATION. SUBJECT TO YOUR VIEWS, WE DO NOT PROPOSE TO PUT IT FORWARD TO THE CHINESE

SIDE.

PATTEN

YYYY

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.