TNAG-2680-FCO40-3877-Implementation-of-United-Nations-sanctions-by-Hong-Kong-agai-1993 — Page 98

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

UNCLASSIFIED

UNCLASSIFIED

FM FCO

HKA 122/1

DISTRY

TELNO 458

TO DESKBY 14003OZ HONG KONG

26 MAT 1993

OF 131638Z MAY 93

DESK

Mess

Ble

pu.

INFO IMMEDIATE ANGUILLA, HAMILTON, TORTOLA, GIBRALTAR INFO IMMEDIATE GRAND CAYMAN, STANLEY, PLYMOUTH

INFO IMMEDIATE WELLINGTON, ST HELENA, ASCENSION INFO IMMEDIATE GRAND TURK

INFO ROUTINE UKMIS NEW YORK

-UND

12

14

054701

MDHOAN 2792

OUR TELNOS 437 AND 443: SANCTIONS ORDERS FOR

DEPENDENT TERRITORIES

1. The Orders in TURS were both made at the Privy Council on 12 May. The Serbia and Montenegro (UN Sanctions) (Dependent Territories) Order will come into force on 14 May. The Iraq (UN) (Sequestration of Assets) (Dependent Territories) Order will not come into force until 24 May, not 14 May as stated in first TUR.

Copies of both Orders follow by bag to all Dependent

Territories.

2. The draft press release in your telno 747 seems fine.

3.

You ask in your telno 748 about the exact time the measures should come into force. Under section 79 of the Hong Kong Interpretation and General Clauses Ordinance (CAP 1), any Imperial ACT or Order is construed in accordance with the Interpretation Act applicable thereto. Under the UK Interpretation ACT, the Order comes into force at the beginning of the day (ie one minute past midnight) on which they are stated to come into force. We imagine therefore that the Order should take effect in Hong Kong at one minute past midnight Hong Kong time.

4. Your telno 750: There appears to be some confusion here. Article 11(1) of both the new UK and DT Orders is to implement para 27 of SCR 820 (ban on provision of services) not para 21 (financial sanctions). Para 21 of the Resolution has been implemented in the UK by a Bank of England Notice (Para 3 of my telno 443). Article 11 of the Order covers the provision of all services, financial or non-financial (except for telecommunications and postal services). As far as

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