TNAG-0138-FCO40-174-Conduct-of-Hong-Kong-commercial-relations-1969 — Page 55

CONFIDENTIAL

Tup Curf

CYPHER/CAT A

IMMEDIATE HONG KONG TO FOREIGN AND COMMONWEALTH OFFICE

TEL NO.901.

CONFIDENTIAL

FOR CARTER FROM NORMAI-WALKER.

CONDUCT OF COMMERCIAL RELATIONS.

6 DECEMBER 1969

RECEIVED IN

REGISTRY No.51

- 9 DEC 1969

24

HICK 6/18

i

GRATEFUL YOU PASS FOLLOWING PERSONAL FOR TRENCH.

BEGINS. REFERENCE FCO TELEGRAMS 759 AND 763 AND OUR TELEPHONE

CONVERSATION OF YESTERDAY. I HAVE DISCUSSED WITH FINANCIAL SEC-

RETARY AND WE THINK THAT THERE ARE SIX POINTS THAT COULD WITH

ADVANTAGE BE MADE:

(A) PARA. 1 OF THE AGREEMENT IS FACTUAL, BUT LOCAL ACCEPTANCE

MIGHT BE EASED IF IT READ:

QUOTE THE BASIS CONSTITUTIONAL POSITION IS THAT, ALTHOUGH HONG KONG

IS A SEPARATE ECONOMIC AND TRADING ENTITY AND A SEPARATE CUSTOMS

TERRITORY IN TERMS OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE,

HER MAJESTY'S GOVERNMENT IN THE UNITED KINGDOM HAVE NOT DEVÓLVED

RESPONSIBILITY FOR THE CONDUCT OF HONG KONG' EXTERNAL COMMERCIAL

RELATIONS SEMI COLON IT BEING UNDERSTOOD THAT, IN KEEPING WITH

THEIR OBLIGATIONS UNDER THE UNITED NATIONS CHARTER, THEY EXERCISE

THIS RESPONSIBILITY FOR THE PURPOSE OF PROTECTING AND PROMOTING

THE BEST INTERESTS OF THE PEOPLE OF HONG KONG. UNQUOTE

(B) WE SEE SOME DIFFICULTY (INDEED HAVE ALREADY EXPERIENCED

DIFFICULTY) IN CONSTRUING THE WORDS QUOTE AS API ROPRIATE AND

IN FULL CONSULTATION AND ASSOSIATION WITH HMG UNQUOTE IN PARA, 4

OF THE AGREEMENT. POSSIBLY IT WOULD BE CLEARER IF THESE WORDS

WERE DELETED AND AT A CONVENIENT PLACE THE FOLLOWING SUBSTITUTED:

LAST

REF.

MET

PEF.

CONFIDENTIAL

/QUOTE