TNAG-2796-FCO40-4036-Relations-between-Hong-Kong-and-international-organisations-1993 — Page 35

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05.07,93 11:44 No.004 P.02

DRAFT LETTER TO CONSTITUTIONAL AFFAIRS BRANCH, HONG KONG

Copy To:

A S K Wong Esq.

Assistant Postmaster General

Hong Kong Post office

Telecommunications Branch 5/F Wingshan Tower

Central

HONG KONG

INTERNATIONAL TELECOMMUNICATION UNION (ITU): RATIFICATION of the ITU CONSTITUTION AND CONVENTION, GENEVA 1992

It is my pleasure to inform you that Her Majesty's Government intends to ratify the ITU Constitution and Convention adopted at the Additional Plenipotentiary Conference held in Geneva, December 1992.

I attach a summary of the main Conference decisions.

The Final Acts were signed by the accredited members of the UK delegation and it is now our intention to put in hand the procedures that will lead to deposit of the UK instrument of ratification early in 1994.

One of the main tasks that will have to be carried out to enable ratification to be effected will be the presentation of a Command Paper containing the texts of the Treaties to Parliament. Only if Parliament raises по objection to the paper can the ratification process be finalised.

The Geneva Constitution/Convention will enter into force on 1 July 1994 between members having deposited before that date their instrument of ratification, acceptance, approval or accession. For those who do not ratify, the Nairobi Convention 1982 will remain in force.

You will recall that Hong Kong previously expressed its wish to associate with HMG's instrument of ratification in respect of the 1989 Nice Convention/Constitution. In the event, the Nice texts were never ratified and did not come into force. However, during those deliberations there was some uncertainty as to whether it was necessary for Hong Kong to consult the People's Republic of China (PRC) in accordance with the agreed guidelines which require such consultation on substantial or significant modifications to Hong Kong's existing rights and obligations which may continue after 1997. Hong Kong concluded that a consultation was required. This was duly executed and the PRC provided formal assent on 26 April 1991.

Please let me know whether Hong Kong wishes to associate with HMG's instrument of ratification to the Final Acts adopted in Geneva 1992 and,

if so,

whether you would intend to consult the People's Republic of China. In order to allow us to meet our timetable, I would appreciate your final response by 15 September

1993.