GRS 370
CONFIDENTIAL
|HKL040/24
RECEIVED
니스 K
INDEX
-
- 2 JUL 1985
CONFIDENTIAL EX
FM UKMIS GENEVA 101755Z JUNE 85
TO IMMEDIATE FCO
TELNO 227 OF 10 JUNE
AND TO IMMEDIATE DTH
перс
IN FO IMMEDIATE HONG KONG, PEKING, UKREP BRUSSELS,
TAY
722/0012/6
WASHINGTON
112
HONG KONG TELNO 1123
112
1. ARGUMENTS IN T.U.R. OVERLOOK THE FACT THAT THE BASIC GENERAL AGREEMENT IS NOT STATIC BUT SUBJECT TO INTERPRETATION BY DECISION AND PRECEDENTS. THESE SHOW THAT THE HONG KONG DECLARATION IS AN ESSENTIAL ELEMENT IN CHANGING HONG KONG'S STATUS IN THE GATT. (BASIC INSTRUMENTS AND SELECTED DOCUMENTS 6S/11, 95/16 AND 15S/64 REFER.)
2.
WE HAD HOPED TO AVOID THE CONFUSING GROUND OF DE JURE AND DE FACTO BUT IT MAY HELP TO REHEARSE THE ARGUMENTS:
A) THE UK DECLARATION WILL HAVE THE EFFECT OF GIVING HONG KONG DE FACTO STATUS IN THE GATT. AT THAT POINT HONG KONG WILL BE ABLE TO EXERCISE THAT STATUS BY TAKING ONE OF THREE OPTIONS OPEN
TO IT.
1-) INFORM GATT IT DOES NOT (REPEAT NOT) WISH TO BE CONSIDERED
A CONTRACTING PARTY.
1) FAIL TO RESPOND IN WHICH CASE IT CONTINUES INDEFINITELY TO BE A DE FACTO CONTRACTING PARTY (BUT IS NOT CONSIDERED DE JURE
NOR IS UNIVERSALLY REGARDED AS A FULL CP).
INFORM GATT IT WISHES TO BE DEEMED (IE DE JURE) A CONTRACTING
PARTY. B) THE PROPOSED HONG KONG DECLARATION IS OF COURSE OPTION (HEI) ABOVE. APART FROM THE DISTINCT CHARACTER OF HONG KONG'S STATUS, THE NOVELTY WILL BE THAT THE OPTION WILL BE EXERCISED IMMEDIATELY IT IS AVAILABLE ME THE SAME DAY AS THE UK INFORMS THE GATT THAT HK POSSESSESS FULL AUTONOMY IN THE CONDUCT OF ITS EXTERNAL COMMERCIAL RELATIONS AND OF OTHER MATTERS PROVIDED FOR IN THE AGREEMENT. (IN SOME CASES, YEARS HAVE PASSED BEFORE THE OPTION
#IS EXERCISED.)
3. OUR ARGUMENTS AGAINST WIL • AND ''SHOULD'' HAVE LARGELY BEEN BASED ON THE NEED FOR US TO AVOID APPEARING TO PRE-EMPT THE RIGHT OF HONG KONG TO DECIDE AS IT SEES FIT (PARA 2 ABOVE).
CONFIDENTIAL
/ THA GATT