TNAG-2680-FCO40-3877-Implementation-of-United-Nations-sanctions-by-Hong-Kong-agai-1993 — Page 113

Ms Bouch HKD

Plue PA 1010

дов

4

HKA 122/1 RECEIVED IN

GISTRY

10 MAR 1993

DESK OF INDEX

PA

From:

REGISTRY

Token

Adione:

Miss S Brooks Legal Counsellor

5 March 1993

UN SANCTIONS AGAINST YUGOSLAVIA:

1.

IMPLEMENTATION OF UNSCR 713

This is primarily a matter for UND. I am not familiar with the details of the UN arms embargo imposed by UNSCR 713. Clearly, the important point is that the arms embargo imposed by UN SCR 713 should be implemented by the UK and Hong Kong. this may be done either by legislative means, such as by order in Council, or by administrative means, such as operating a policy under which all licence applications for export of military goods to "Yugoslavia" are refused. If the arms embargo may be implemented effectively by administrative means, there would seem to be no case for taking legislative measures. What matters is implementing the arms embargo. The means of implementation is not important, provided it is effective.

2.

The

The Community Treaties do not apply to Hong Kong; nor, of course, does Community legislation such as regulations. EPC Decision imposing an EC Arms Embargo may however be given effect in Hong Kong by directions to the Hong Kong Government since the UK is responsible for foreign affairs affecting Hong Kong.

3. I am copying this minute and yours to Mr Aust, Legal Counsellor who advises UND in case he has any comments to make on this matter.

Shelagh Brooks,

Shelagh Brooks