TNAG-2810-FCO40-4055-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 36

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size of the UK's financial commitment is not specified. transfer of HK will not therefore result in any automatic reduction of the UK's overall financial obligations. It would obviously make sense for any contribution made by HKG to be severable from the UK's and capable of continuation after 1997 Mr Dykin's suggestion of inviting HK to provide bilateral HKD/ODA Me of countries for the matter,

assistance to China (or other countries for that matter) seems

It would be helpful if HKD could tell us whether HKG presently gives bilateral aid to any Sviews yen other country or region.

grateful to me very worthy of consideration.

After 1997

13. As explained above, in relation to the Montreal Protocol, it will be for China to decide whether simply to treat Hong Kong in the same way as the rest of their territory and therefore subject only to the obligations of developing countries, or whether to undertake to treat Hong Kong as a separate part of their territory which will continue to adhere to the standards required of developed Parties. Obviously this issue will need to be addressed in the IRO Sub-Group when the agreement of the Chinese is sought to include HK in the UK'S ratification. Hong Kong need to decide whether they wish to continue to adhere to the standards of developed countries. principle, I assume we and HKG would consider it appropriate for HK to continue to apply the same set of obligations as applied before 1997. However, without knowing how this issue was approached in the Sub-Group in relation to the Montreal protocol, it is difficult to advise further at this stage.

BIODIVERSITY CONVENTION

Before 1997

In

14. The Convention refers to "developed country Parties" and "developing country Parties" without definition. Article 20(2) provides that the Conference of Parties shall at its first meeting establish a list of "developed country Parties and other Parties which voluntarily assume the obligations of developed country Parties". The Parties on the list will have the financial obligations set out in Articles 20-21. The other obligations, in relation to conservation, access to genetic resources, etc., mostly apply to all Parties, but with qualifications such as "as far as possible and as appropriate", to allow for lower levels of implementation by developing countries.

15. Most of the obligations in the Convention need to be implemented throughout each Party's territory, and therefore must be applied by each DT to which the UK's ratification is extended. This includes the obligations on conservation, sustainable use, public education, impact assessment, access, etc., but subject to all the qualifications which may allow for variable levels of implementation depending on the circumstances of each DT. But the financial obligations are Dok/oMA mot territorially related, and again, it is for HMG to

decide how the burden is to be apportioned among the UK and

Gracqull the DTs to which the Convention is applied. The Convention

views

does not quantify the financial obligations of the developed

A