TNAG-2827-FCO40-4080-Investment-Protection-and-Promotion-Agreements-(IPPA)-betwee-1993 — Page 108

HICK 101/1 RECEIVED IN REGISTRY

3 JUN 1993

DESK OFFICER INDEX

REGISTRY

PA Action Taken:

HONG KONG/SWITZERLAND INVESTMENT PROMOTION

AND PROTECTION "AGREEMENT

(29)

STS 390/93

Comments on Swiss response to suggested amendments to the French translation.

The following comments refer to the response from the Swiss Authorities of 19 April 1993.

(a) We are pleased that points 1, 2, 9, 10, 11, 12 and 14 are

agreed.

(b) We agree to the suggestion made in point 6. Please note

that the change is in Article 3(1) line 6 and (3) line 3.

(c) We would not wish to insist on points 4, 5, and 7.

(d) re Point 13: our UN reference material gives the French

title as "Règlement d'arbitrage", but the Swiss may have different usage.

"1 The use of 'règles" (with a small "r")

here and the omission of "d'arbitrage" presumably means just "rules" (with a small "r") in English and is unlikely to cause confusion.

(e) re Point 8: We leave it to the UK/Hong Kong Authorities to

assess the practical importance of the difference in formulation between the English and French texts. The French text reads well and there does not appear to be any difference in meaning between the two texts here. It is really a technical matter of whether it is best to keep sentences the same in both languages for ease of reference and in case the provision should be amended at some future date.

(f) re Point 3: Again, we must leave it to the UK/Hong Kong

Authorities to assess the practical importance of the difference in formulation and whether it is worth pursuing. We suspect that the views expressed by the Swiss about the meaning of "hypothèques" and other terms may refer specifically to Swiss law and usage, while most of the French-language reference sources available to us are based on the law and usage of France. Unfortunately, we do not have access to the relevant Swiss legal material in order to check the terms used here.

Could the Swiss perhaps direct us to any other similar agreements between Switzerland and English-speaking countries where the same form of words has been used?

If the Swiss insist on their translation, at least these rights are only given as examples and are preceded by the words "tous les autres droits de propriete, tels que"/"any other property rights such as". We do need to be sure,

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