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CAPACITY.
THE UK DECLARATION WILL BE FORMAL PUBLIC CONFIRMATION
OF HONG KONG'S AUTONOMY IN EXTERNAL COMMERCIAL RELATIONS.
(OPEN SQUARE BRACKETS) IF IT SHOULD BE SUGGESTED THAT ARTICLE
XXVI(5)(C) IS INTENDED FOR TERRITORIES BECOMING INDEPENDENT. (CLOSE SQUARE BRACKETS)
11.
THERE ARE PRECEDENTS FOR GIVING SEPARATE CONTRACTING
PARTY STATUS FOR TERRITORIES WHICH WERE NOT FULLY INDEPENDENT.
THE MOST OBVIOUS IS SOUTHERN RHODESIA WHICH ENJOYED CONTRACTING
PARTY STATUS AT A TIME WHEN IT WAS NOT PROCEEDING TOWARDS
INDEPENDENCE BUT ENJOYED DELEGATED AUTHORITY IN EXTERNAL
COMMERCIAL RELATIONS. INDEED ARTICLE XXVI(5) (C) WAS DRAFTED
EXPLICITLY WITH THIS SORT OF CASE, AND THE EXAMPLE OF BURMA,
CEYLON AND SOUTHERN RHODESIA, IN MIND.
(OPEN SQUARE BRACKETS) IF IT SHOULD BE ARGUED THAT THE TERMS OF
HONG KONG'S NEW STATUS OF THE GATT SHOULD BE SUBJECT TO
NEGOTIATION. (CLOSE SQUARE BRACKETS)
12.
THE PROCEDURE DOES NOT INVOLVE ANY NEGOTIATION OF TERMS.
THE GATT HAS ALREADY CLEARLY ESTABLISHED THAT 'A GOVERNMENT
BECOMING A CONTRACTING PARTY UNDER ARTICLE XXVI(5)(C) DOES SO ON
THE TERMS AND CONDITIONS PREVIOUSLY ACCEPTED BY THE METROPOLITAN
GOVERNMENT ON BEHALF OF THE TERRITORY IN QUESTION' (GATT WORKING
PARTY REPORT ON THE OPERATION OF ARTICLE XXXV IN RESPECT OF
JAPAN: DOCUMENT BISD TENTH SUPPLEMENT, PAGE 73, ADOPTED BY THE
CONTRACTING PARTIES ON 7 DECEMBER 1961).
(OPEN SQUARE BRACKETS) HONG KONG AS AN INDEPENDENT POLITICAL
ENTITY? (CLOSE SQUARE BRACKETS)
13.
IT IS CLEAR FROM THE TERMS OF THE GATT THAT A CONTRACTING
PARTY CAN BE EITHER THE GOVERNMENT OF A SOVEREIGN STATE OR THE
GOVERNMENT OF A SEPARATE CUSTOMS TERRITORY. IN THE PROCEDURE TO
BE ADOPTED BY THE BRITISH AND CHINESE GOVERNMENTS THERE IS NO
IMPLICATION WHATSOEVER THAT HONG KONG IS OR WILL BECOME AN
INDEPENDENT POLITICAL ENTITY. IT IS QUITE CLEAR FROM THE TERMS
OF THE JOINT DECLARATION THAT THE UK WILL CONTINUE TO HAVE
INTERNATIONAL RESPONSIBILITY FOR HONG KONG UNTIL 1 JULY 1997 AND
THAT THE PRC WILL HAVE INTERNATIONAL RESPONSIBILITY FOR THE HONG
KONG SPECIAL ADMINISTRATIVE REGION THEREAFTER.
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