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the particular effect of modifying by constitutional convention the relationship of the Governor with the Crown. The earlier colonial
There
conventions grew up in respect of self-governing colonies. must be some chance that in the next 12 years Ministers will need to use their residual powers and it would not be sensible now to adopt a doctrine which would have the effect of diluting them.
14.
The absence of positive constitutional provision or of a convention disenables us from asserting a positive legal basis on which we could justify an assertion of autonomy. It does not, it is suggested, preclude our using in the GATT context the practical approach outlined in para 9 above, so long as we do not pretend, if challenged, that it is more than an approach based on practice and that the practice is not immutable. It would not be our purpose to assert that, as a matter of law power has passed to Hong Kong (or any authority in Hong Kong) and cannot be recalled. It is unlikely that such a declaration as is proposed would lead to any justiciable process. It is our purpose to state what as a matter of practice and political reality is the situation and that, so long as that situation persists, it justifies us in asserting autonomy for the purpose of the GATT. It is recognised that that may be challenged; on reflection, it may not satisfy the relevant authorities of the GATT or other parties to the GATT. If so, it may be necessary to think again.
15.
We would therefore be grateful if you would seek the Attorney General's view on the following questions:-
(a)
that so far as the GATT is concerned, we could defend a declaration that Hong Kong possesses full autonomy in the conduct of its external commercial relations on the basis of HMG's consistent policy that it should conduct its own external commercial
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