Mr Wilson
NT
CONFIDENTIAL
Reference
HKK 340 bord
Erząc.c..Mr Rushfor
(1.9.5.)
My Luck.
DESIGNATION UNDER SECTION 16(3) BNA 1981
1.
Wo
NGRE 10/11 Attila
The phrase "which he considers to be closely associated with the activities outside the dependent territories of the government of any dependent territory" allows a fair degree of latitude in determining who is going to be designated. The question is more one of fact than of law but I would have thought that all three of the candidates queried by the Home Office could fall within the meaning of the definition if it is given a broad interpretation.
Hong Kong
Ele
2. I have looked at the Hong Kong Ordinances for the Tourist Authority and the Tade Development Council and find them inconclusive in determining whether as a matter of law they could be said to be "closely associated" in accordance with the definition. My impression was that they were pursuing the interests of Hong Kong rather than specifically the "activities of the government", but since much depends upon what happens in practice, I suggest that the Hong Kong Department be asked for their comments on this.
3. Granted that the Home Office adopted a restrictive interpretation when considering designation under Section 2(3) (thereby excluding the British Tourist Authority), my 'legal' inclination would be to let the candidacies drop. In the case of Hong Kong, however, particularly in the present circumstances, there may be strong policy considerations which require us to press their candidatures. Would Hong Kong be aware of mentioning HKTA and HKTDC in the Commons and would this cause difficulty if they are not designated? Again, HKD should be consulted.
4.
One further (though perhaps minor) consideration is that, from a cursory glance at the Ordinances as a whole, there would seem to be other similar bodies, such as the Hong Kong Productivity Council. There might be a problem if HKTA and HKTDC were designated that requests for designation in the future came in from the HKPC and others.
Eastern Caribbean Supreme Court
5. I am consulting Mr Rushford about this and will write to you again when I have his views.
199
CODE
18.77
SS 8/78
/BDTCs