Department of Trade and Industry Commercial Relations & Exports
1 Victoria Street London SW1H 0ET
Telex 27366 Answer Back DTIHQ London
Telegrams Advantage London SW1
A Lambert Esq
Hong Kong Dept
FCO
SW1
Telephone 01-222 7877 ext
2621
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.51
11 JUL 1972
NKX6/8
47
10 July 1972
38
(12)
f.38.c.
Dear M. Lambet
HONG KONG'S GATT RELATIONSHIP WITH EEC
I was interested to see your Legal Adviser's comments, enclosed with Mr Goodfellow's letter of 22 June, on my letter of 15 May to Mr Laird. There is one point which I should like to take up, though more out of general interest than because of its practical significance.
2. This is the point in paragraphs 10 and 11 that a customs territory "deemed to be a contracting party" under Article XXVI(5)(c) might nevertheless not have an international legal personality and so would be incapable of maintaining a relationship governed by any international rules, GATT or other. Article XXVI(5)(c) requires a "deemed-to-be" contracting party to have full autonomy in the conduct of its external commercial relations and the other matters provided for in GATT; would this degree of autonomy not make the territory a genuine international State for purposes of international law relating to commerce even if it did not lead to full independence? The point is presumably academic since it seems to be accepted that it is not practically possible for Hong Kong ever to acquire even this limited degree of autonomy; nevertheless, it would be of some significance to know that even if she did, it would still be possible to claim on legal grounds that a true GATT relationship between her and the UK still did not exist.
Yours sincerely
Jean Riliett
Miss J E Elliott
Be
Sea
сс
J Hagestadt Esq
CRE.3