ANNEX

Hong Kong's External Commercial Relations

(excluding Hong Kong/UK Trade)

It is agreed that Hong Kong's external commercial relations should be conducted on the basis of the following understanding:

1.

The constitutional position is that HMG is responsible for the conduct of Hong Kong's external relations (including commercial relations): it being, understood that in keeping with its obligations under the United Nations Charter this responsibility is exercised for the purpose of protecting the best interests of the people of Hong Kong and with full regard to the Hong Kong Government's views as to where those best interests lie.

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2. The Hong Kong Government will accordingly keep HMG informed from the earliest practicable stage of developments in the field of

its external commercial relations.

3. Where HMG have not indicated that considerations of British

international commercial policy are involved the Hong Kong Government is responsible for determining the course of and for the conduct of Hong Kong's external commercial relations with such assistance as it may be agreed can be furnished by HMG or HMG's overseas representatives. The venue of such negotiations shall be a matter for decision between the Hong Kong Government and any third

party.

21. Where HMG have indicated that considerations of British

international commercial policy are involved the Hong Kong Government may nevertheless continue in full consultation and association with HMG., to exercise a similar responsibility acting within the framework of such policies as may be agreed with HMG and in conformity of treaty obligations: provided that special circumstances e.g. where the Hong Kong Government is formally represented by HMG do not require other arrangements.

5. In the course of consultations between HMG and the Hong Kong

Government on the policies to be followed in any situation where a conflict of interests is likely to arise, the following principles

will be observed :

(a)

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