TNAG-2757-FCO40-3974-Hong-Kong-customs-arrangements-and-conventions-1993 — Page 8

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

HONG KONG'S ACCESSION TO CUSTOMS CONVENTIONS

ADMINISTERED BY THE CUSTOMS CO-OPERATION COUNCIL

Annex A

Annex B

Annex C

Guidelines for Consultation between

the Chinese and British Sides on New

Rights and Obligations Affecting

Hong Kong

Convention on Temporary Admission

(Istanbul, 26 June 90)

Annexes to be Acceded to by Hong Kong

Procedure in Adopting the

"Interpretation Approach"

CONFIDENTIAL

Annex A

28.11.1986

1.

an

Guidelines for Consultation Between the

Chinese and British Sides on New Rights

and Obligations Affecting Hong Kong

Scope of Consultation

If the British side intends to apply to Hong Kong

international agreement relevant to Hong Kong, and in the view of the British side it would probably be appropriate

for it to continue to apply to the Hong Kong SAR after 1997, the British side should consult the Chinese side in advance

through diplomatic channels.

2.

Procedures for Consultation

(1)

If the Chinese side objects in principle to

the continued application of the agreement after 1997, the Chinese side will inform the British side through diplomatic

channels within 40 days under normal circumstances. A

shorter period may be agreed as a result of consultation between the two sides through diplomatic channels, if the matter needs to be concluded quickly. If the Chinese side

objects to the continued application of the agreement after 1997, reasons for its objections will be presented in its

response.

(2)

If agreed by both sides, discussions on Hong

Kong's participation in new

and international rights

obligations may be held between experts or other

representatives of both sides.

(3)

When the Chinese side has been consulted and

has agreed that new international rights and obligations should continue to apply to Hong Kong beyond 1997, the JLG Sub-group on IRO will in due course discuss specific for such continued application, and its conclusions

will be reported by experts of both sides to their respective chief representatives on the JLG.

measures

2

advance

(4)

on

international

consulted

in

The Chinese side will be

amendments or modifications to existing

rights and obligations if those amendments or

substantial or significant for Hong Kong,

possible that those international rights and

modifications

are

and if it is

obligations may be continued after 1997.

3.

The

foregoing will apply mutatis mutandis to Hong Kong's participation in international organizations.

4.

In principle, the British side will not consult the Chinese side on new international rights and obligations

which are not intended to continue to apply to Hong Kong

after 1997. However, the British side will inform the

Chinese side in advance of those which may affect the rights

and interests of the Hong Kong SAR after 1997, and consult

the Chinese when necessary.

5.

The British side will not consult the Chinese

advance on trade and commercial agreements but will

side in

inform the Chinese side of the details afterwards.

6.

advance

The British side will consult the Chinese side in

on air services agreements, in

with accordance

arrangements separately made within the JLG.

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