TNAG-2526-FCO40-3689-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1992 — Page 7

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Ms Shelagh Brooks

Legal Advisers

CONFIDENTIAL

Reference

031/30

RECEIVED IN REGISTRY

7 : 1993

DESK OFFICER

MADEX

REGISTRY

Action Taken

ра

3

031/30

(Folia 3)

1992

IRO SUB-GROUP: MULTILATERAL TREATI

ECONOMIC AND FINANCIAL

1.

I attach Hong Kong telno 2909 and a draft discussion paper on the Convention on the Settlement of Investment Disputes. I would be grateful for any comments you may have on the draft paper.

2. Para 8 of the paper states that, for the Convention to continue to apply to Hong Kong after 1997, the PRC will need to indicate to all contracting parties its accession to the relevant IROS in respect of Hong Kong, and so on. However para 5 notes that (under Article 70) the Convention applies to all territories for whose international relations a Contracting State is responsible, unless the depository is notified otherwise. Thus if the PRC ratifies its signature of the Convention, it seems that the Convention will apply automatically to Hong Kong from 1 July 1997 and that further declarations will be superfluous. It might perhaps be worth mentioning this possibility in the draft paper.

CODE 18-77

Vanathon Marshall

J N Marshall

Hong Kong Department

WH305 270-3287

21 December 1992

Mr Marshall,

t

HKD

The Term

Territories for whose international

ら

ins responsible

WK dependent

しつ

is understood

temlone,

relations a Contracting State by the WK as referring to As the of the PRC after 1997, The PRC, would normally connder that

SAR will be part of the metroportan land ory

neither

ик

nor, I imagine

this term

the WK

Cover The CONFIDENTIAL

case of the SAR.

The frist sentence of paragraph 7

seems to home

would

2c