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CONFIDENTIAL
assumption it would be possible to adopt a particular
interpretation of full autonomy
-
an interpretation which
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relies on practice and a political imperative and to
make the declaration on that basis. As a matter of
practice Hong Kong enjoys full freedom to conduct external
commercial relations without interference from the United
So long
Kingdom; as a matter of political practicality, HMG could
not reverse this practice; indeed they are prepared
to reinforce it by an appropriate entrustment.
as that position persists Hong Kong enjoys full autonomy
in the lavant. So far as the GATT is concerned, it is
suggested that that would be a justifiable position to
adopt and, subject to para 14
it
below, could be
defended even if challenged in the organs of the GATT
on constitutional grounds.[Again preliminary soundings of the Secretariat of the GATT have not shown any indication to question Hong Kong's credentials.]
10. The second series of questions relati
to the constitutional relationship between the United
Kingdom and Hong Kong
and the answers are relevant to the issue whether that
relationship is such as renders it permissible to take the
line proposed in paragraph 9 above.
11. The Constitution of Hong Kong consists of Letters
Patent and Royal Instructions (for the purposes of this
Memorandum it will be sufficient to consult the
consolidated versions up to February 1977 and August 1977
respectively). There is a Governor, an Executive Council
There has been no development
and a Legislative Council.
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CONFIDENTIAL
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