HONG KONG TELNO 525 TO FCO
CONFIDENTIAL
3-
TRADE IN ITS OWN RIGHT SEMICOLON ALTHOUGH THIS MUST CLEARLY.
F
SHORT OF FOREIGN POLITICAL RLATIONS OR OF TREATY - MAKING
IN THEIR FULL SCOPE . THE SCOPE FOR SUCH DELEGATION IS EXPLICITLY
IN
RECOGNISED/THE GATT. THE EXISTENCE OF THE U.K.'S POWER TO DIRECT
HONG KONG, AND THE DEMANDS WHICH ARISE FROM OTHER COUNTRIES THAT
THIS POWER BE USED IN WIDER FIELDS, EXTERNAL OR INTERNAL,
DOES NOT AFFECT H M G'S ABILITY TO EXERCISE DISCRETION ON WHETHER
TO USE THE POWER OR NOT. I CANNOT REALLY ACCEPT THE CONCEPT
OF MERE AGENCY AS SET CUT IN YOUR DRAFT. IT SEEMS TO ME AT BEST
TO EXPRESS AN EXCESSIVELY NARROW AND THEORETICAL VIEW OF THE
CONSTITUTIONAL POSITION SEMICOLON AND IF IT IS TO BE SO POSITIVELY
EXPRESSED IN A FORMAL DESPATCH THEN IT OUGHT AT LEAST TO BE
BALANCED BY AN EQUALLY POSITIVE AFFIRMATION OF THE PRINCIPLE
THAT H M G'S RIGHT TO DIRECT HONG KONG AFFAIRS DERIVES EXCLUSIVELY
FROM A DUTY TO DO SO SOLELY IN HONG KONG'S BEST OVERALL INTEREST,
I COULD NOT DISCLOSE THESE TWO SENTENCES AS THEY STAND OUTSIDE OFFICIAL CIRCLES WITHOUT SEVERE PROTEST WHICH, THOUGH LARGELY
1
EMOTIONAL, WOULD NEVERTHELESS IN MY VIEW HAVE CONSIDERABLE
JUSTIFICATION, 1 SUGGEST REDRAFTING IN TERMS WHICH ARE LESS
PROVOCATIVE AND PAY MORE REGARD TO THE PRACTICAL POSITION PERHAPS
AS FOLLOWS:-
**IT FOLLOWS FROM THE CONSTITUTIONAL POSITION THAT H M G
CANNOT ABROGATE FINAL RESPONSIBILITY FOR THE HONG KONG GOVERNMENT'S
EXTERNAL RELATIONS
(4)
''
I DO NOT SEE THAT ANYTHING ELSE IS NECESSARY.
PARA,4, LAST SENTENCE.
I PRESUME THAT THIS IS INTENDED
423 OF 9 APRIL 1970)
ARRANGEMENTS OFT AND
TO BE PERMISSIVE (PLEASE SEE MY SAVING DESPATCH
I SUGGEST DELETING FROM 'THERE WILL BE'' TO ADDING AT THE END OF THE SENTENCE **MAY IN APPROPRIATE INSTANCES
BE INCLUDED IN THE PREAMBLE'.
/(5)
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