CONFIDENTIAL
31525 1
SUBSEQUENTLY OBJECT (AND THERE ARE NO GROUNDS FOR OBJECTION,
GIVEN THAT THE TERMS OF THE ENTRUSTMENT FALL WELL WITHIN THOSE OF
THE AGREEMENT) WE CONSIDER IT UNDESIRABLE TO GIVE THE CHINESE,
EVEN BY IMPLICATION, A RIGHT TO COMMENT ON A BRITISH INTERNAL
ADMINISTRATIVE PROCEDURE. ON BALANCE THEREFORE WE BELIEVE THAT
THE ENTRUSTMENT SHOULD BE ISSUED BEFORE THE MEETING. THE TERMS
OF THE DRAFT HAVE BEEN DELIBERATELY CHOSEN TO MAKE CLEAR THAT WE
ARE SIMPLY FORMALISING A LONG-STANDING POLICY RATHER THAN MAKING
A NEW DEPARTURE. WE SHALL UNDERLINE THIS POINT WHEN INFORMING
THE CHINESE AND SHALL GENERALLY PRESENT OUR ACTION AS A TECHNICAL
REQUIREMENT FLOWING FROM THE PROPOSALS IN THE GATT PAPER: HENCE
THE VERY RECENT ISSUE OF THE ENTRUSTMENT. WE SHALL ALSO OF
COURSE UNDERLINE THAT THE ENTRUSTMENT FALLS SQUARELY WITHIN THE
TERMS OF THE AGREEMENT. IF THE CHINESE ASK TO SEE THE
ENTRUSTMENT, WE INTEND TO SHOW IT TO THEM.
3.
THERE IS ONE OTHER POINT WHICH WE SHOULD LIKE TO DRAW TO YOUR
ATTENTION. THE ENTRUSTMENT DEPARTS FROM SIMILAR ENTRUSTMENTS
ISSUED IN THE PAST TO GOVERNORS OF BRITISH DEPENDENT TERRITORIES
(SEE DSP VOL 66 ANNEXES 5 AND 6) IN THAT IT DOES NOT RECORD THAT
HMG RETAINS ULTIMATE RESPONSIBILITY FOR HONG KONG'S EXTERNAL
AFFAIRS. TO DO SO MIGHT DETRACT FROM OUR PROPOSED DECLARATIONS
TO THE GATT AND TO THE CCC THAT HONG KONG POSSESSES FULL
AUTONOMY' IN THE FIELD CONCERNED. WE HAVE THUS RECORDED THE
CONTINUING CONSTITUTIONAL RELATIONSHIP ONLY IN A SECOND,
CONFIDENTIAL DESPATCH (SEE PARA 1(A) ABOVE) WHICH WOULD NEXT WORD
UNDERLINED NOT BE MADE PUBLIC. THE ENTRUSTMENT ITSELF WOULD
CONSTITUTE THE GOVERNOR'S CREDENTIALS AND POWERS IN THE FIELD
PRESCRIBED AND COULD, COMMENCE UNDERLINING IF NECESSARY END
UNDERLINING, BE SHOWN TO THIRD PARTIES (IN ADDITION TO THE CHINESE), EG THE GATT, THE CCC OR COUNTRIES WHICH WISHED TO ENTER
INTO TRADE AGREEMENTS WITH HONG KONG.
3.
GRATEFUL FOR COMMENTS DESKBY 150830Z.
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HOWE LIMITED
HKD
COPIES 70
FED
MR FIFOOT
LEGAL
ADVISERS
ECD (E)
MR
PRYOR
2
ITAI
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CONFIDENTIAL