TNAG-2566-FCO40-3751-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1992 — Page 25

HKC370/9

FROM:

Dr

см

Martin

DATE:

Mr/Ricketts

зако

pa.

Miss S Brooks

MB 24/7

Legal Counsellor

20 July 1992

C'il you go through Hir,

add what you think is right

let me have a clean dle!?

AGREEMENTS BETWEEN UK/SARG

1. I refer to your draft letter to Mr Edwards in respect of which you requested comments.

2. In paragraph 3 of the draft letter I think we need to add a reference to agreements on the reciprocal enforcement of judgments. I believe these should be included in the most important category of agreements.

3. Paragraph 3, second tiret contains the words 'ie it could only enter into force'. I am not quite sure how they fit into the rest of the sentence.

4. Paragraph 4, page 2. European Community agreements on trade with individual countries normally also cover co-operation. It would be preferable to replace the two references to 'Trade Agreement(s)' by the phrase

'agreement(s) covering trade', and substituting the words 'If there were provisions on trade in an EC agreement with Hong Kong, these

for 'If there was such an EC

Agreement, it ...

I also suggest substituting the word 'replace' for the words 'not then be possible to have' and adding 'trade' after 'UK/SARG'. You may also wish to add at the end of the sentence after the words a separate UK/SARG agreement' the words 'because the Community has exclusive competence in the field of trade'.

1

5. Draft paragraph 6(b). I suggest that we delete the words 'see it as one part of HMG negotiating with another part': the Chinese are unlikely to raise this particular objection. I suggest replacing them by the words 'consider that the HKG could not represent the future HKSARG'.

6. Draft paragraph 7. You may wish to add at the end of the first sentence the words 'although given the interest the Chinese have taken in our entrustments, it may be that they will require authorisations.'. I also suggest adding

AE7ACP