TNAG-2859-FCO40-4113-Application-of-the-International-Covenant-on-Civil-and-Polit-1993 — Page 26

GOVERMENT HOUSE HONG KONG.

MON 07 JUN 98 09:55

PG.03

CONFIDENTIAL

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2 -

other

the

all

multilateral

treatieG (exocpt the GATT) that will

remain in force in the HKBAR after 1997 because tlicy (unlike

Covenants) are not specifically mentioned in the JD. for

these treaties we shall need a separate legal instrument.

to ensure their continuance in force after 1997. we have

been discussing this particular problem with the Chinese side

since March 1989 and wc have not so far reached agreement,

although I do think we are making some progress.

4.

two

In practice, however, it is my intention to add the

Covenants to the list of treaties that will be annexed co

the legal instrument (or mechanicm) that will ensure the

continued application of all the other multilateral treaties

to HKSAR After 1997. Moreover, the Covenants are already

included in the list of multilaterals we are discussing and

the chinese have not so far objected to that. of course,

bect colution would be for China to acoode to the Covenante

before 1997 and We would then need to deal only with the

question of the continuation in force after 1997 of the

different

made hy them and ሀና which is

reservations

comparatively straightforward,

5.

chinese

the

We do not know for sure precisely what view the

take about the effect of JD 156. But we are assuming

the worst.

are proceeding on the basis that they may, seek

to arque that JD 156 means simply that the domestic laws in

Hong Kony

that enable the Covenants to be complied with can

continue to apply after 1997. The Chinese may go on to arque

they have not accepted that they will, in effect. become

party 1.0) The Covenant.s in respect. only of HKSAR and they are

not therefore prepared to report to the UN Human Rights

that

Committee after 1997.

G.

In order not to prejudice our own position on this

question but. at the same time to try to ensure that we reach

the right result, we handed the Chinese side in the IRO

Sub-group in October 1992 a paper that:

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