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(B) YOUR PARA. 2(B). THE UNDERLYING CONSTITUTIONAL POSITION IS OF COURSE, UNDERSTOOD AND ACKNOWLEDGED. IT NEEDS NO SPELLING OUT. WHAT I SEEK THEREFORE IS AGREEMENT ON THE PROPER EXTENT IN PRACTISE OF APPLICATION OF HMG'S CONSTITUTIONAL POWERS

IN TRADE-RELATIONS MATTERS SEMICOLON BEARING IN MIND THAT THIRD PARTIES EXPECT TO BE ABLE TO NEGOTIATE WITH US, HAVING DONE

SO (WITH HMG'S ENCOURAGEMENT) IN THE PAST, AND THAT OUR NEGOT- LATING POSITION IS DAMAGED IF THEY CANNOT BE SUREWHETHER WE WILL HAVE

AUTHORITY OR NOT.

(C) YOUR PARA. 4. I AGREE OF COURSE THAT IT IS A PITY THAT THE CONSTITUTIONAL POSITION LOOKS LIKE BEING FORCED INTO THE OPEN, AND IN THE PAST WE HAVE GONE TO CONSIDERABLE LENGTHS TO SOFT-PEDAL IT LOCALLY. BUT I MUST POINT OUT THAT ON THIS OCCASION THE ISSUE HAS BEEN BROUGHT TO AN UNAVOIDABLE HEAD BY MY HAVING BEEN OVER-RULED BY AN ERRATIC USE OF CONSITIUTIONAL POWER AND APPARENTLY WITHOUT REFERENCE TO MINISTERS.

(D) YOUR PARA. 5. I HOPE SO TOO, BUT, UNLESS THE BASIC PROBLEM IS RESOLVED, I FEAR WE MAY RUN INTO THE SAME DIFFICULTIES AGAIN WHEN NORWAY COMES UP SHORTLY: AND WE CANNOT AFFORD TO GO ON.

REPEATING THE CANADIAN PERFORMANCE.

SIR D. TRENCH

FILES

HONG KONG DEPT

COMMODITIES DEPT

SIR L. MONSON

MR. GALLAGHER

MR. WILFORD

ADVANCE COPIES SENT

CONFIDENTIAL

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