TNAG-2811-FCO40-4057-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 5

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

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INFO ROUTINE PEKING, UKREP JLG HONG KONG

YOUR TELNO 2898: IRO SUB-GROUP: MULTILATERAL TREATIES: WARFARE AND DISARMAMENT

1. ON BALANCE, WE THINK THAT THE DISCUSSION PAPERS ON ITEMS 22.17 AND 22.19 SHOULD/SHOULD BE HANDED TO THE CHINESE. IT IS DIFFICULT TO ARGUE THE BENEFITS FOR HONG KONG OF THE CONTINUATION OF THESE TREATIES, AS YOU POINT OUT BUT AS THE PRC WOULD BE UNABLE FULLY TO CARRY OUT ITS OBLIGATIONS UNDER THESE TREATIES AFTER 1997 UNLESS THESE TREATIES ALSO APPLIED TO THE HKSAR, IT SEEMS TO BE WORTH TRYING TO SECURE THEIR CONTINUED APPLICATION.

2. WE AGREE THAT ITEM 22.20 IS A NON-RUNNER.

3. WE HAVE NO COMMENTS ON THE DRAFT PAPERS THEMSELVES.

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Mr Marshall

Hong Kong Department

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Tawary 1993

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From: Miss S Brooks

Legal Counsellor K 211 270 3069

IRO SUB-GROUP: MULTILATERAL TREATIES ON WARFARE AND

DISARMAMENT

1.

We spoke just now, although I agree that the benefit sections of the various draft papers are rather weak, all the treaties described in the papers are important ones and accordingly I think it is worth endeavouring to secure the continued application of these treaties, including items 22.17 and 22.19, to Hong Kong after 1997. Indeed, the PRC would be unable to implement fully its obligations under the treaties referred to in items 22.17 and 22.19 to which it is a party unless those treaties apply to the Hong Kong SAR.

Incidentally, I have not seen any of the annexes referred to in the papers; did you receive them?

Shelagh Brooks,

Shelagh Brooks Legal Counsellor

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