TNAG-2757-FCO40-3974-Hong-Kong-customs-arrangements-and-conventions-1993 — Page 32

Ms Bouch

HKD

From:

Miss S Brooks

PA

要

8

Legal Counsellor

Date:

29 July 1993

370/41

RECEN

SIRY

30

1993

DESK C

STRY

Taken

CUSTOMS ARRANGEMENT WITH HONG KONG

1. This inter-departmental arrangement is between HM Customs and Excise and the Hong Kong Government Customs and Excise Department. It is not an inter-governmental Memorandum of Understanding. It is desirable, however, that as it is intended to be a non-binding document, it should be consistent throughout and avoid binding language. Accordingly, I suggest

that:

2.

a) at the end of the preamble, the word "agreed" is

replaced by "decided";

b) in paragraph 8 the word "should" ought to be replaced

by "will" (better than "would" in this context);

c) i) in paragraph 13, the words "they must at all times

be able" should be replaced by "they are required at all times to be able"; and

ii) "they must not be in uniform

" should be

replaced by "they are required not to wear uniform

11

d) in paragraph 18 (2) "must" should be changed to "will";

18(2)

e) in paragraph 20(2) "agreed" should be replaced by

"decided".

The arrangement refers throughout to "territory". I assume that the arrangement is intended to survive post 1997. The word "territory" is not a word favoured by the Chinese in the Hong Kong context. I suggest that references to "territory" become "customs territory" and that paragraph 21(1) is deleted. Alternatively, instead of the word "territory", the word "area" could be used, instead. This is drawn from the Joint Declaration, paragraph 1 which refers to "the Hong Kong area". Paragraph 21(1) should again be deleted, and a definition of "area" inserted in paragraph 1 as sub-paragraph (d). This would read ""area" means the United Kingdom or Hong Kong, as the case may be;".

L

Shelagh Brooks.

Shelagh Brooks