8/21
Reference.....
Mr. Crutchley (Legal Adviser's Dept.)
The Indians have at (6) submitted an aide memoire protesting against Hong Kong's withdrawal of preferences in under-manufactured tobacco to Commonwealth countries, except Malawi.
2. The Indians are basing their protest on the Anglo-Indian Trade Agreement of 1939, (this Department's only copy is attached). Article 8 of this Agreement provides that:
However,
"The Governments of the non-self-governing Colonies, the Protectorates and Protected States will accord to India any preference which may for the time being be accorded to any other part of the British Empire..."
and on this the Indians hang their case. Article 11 places an obligation on India to accord preferences. Could you give me a preliminary opinion on the validity of Article 8 to Hong Kong, when India does not accord Common- wealth preferences to Hong Kong at all, as Article 11 seems to imply she should?
1.8. Pray...
(I. R. Murray)
Hong Kong Department
9 July, 1969
Mr. Murray
Hong Kong Department,
K 245
I saw from the copy of the Trade Agreement which is in the folder beneath, the ms. note at the bottom to the effect that in January 1962 it was still in force and that the Agreement had been modified by lettors available in the
Library.
2. I then started on the rather tedious task of endeavouring to obtain either the letters in question or copies of them. I telephoned Mr. Cook of the Library Department, which is in Cornwall House, and found that he no longer has anything to do with the custody of agreements, including modifications thereto. I then spoke to Mr. Glover, the Head of the section in Nationality & Treaty Department, to whom records of
/ agreements etc.