TNAG-0242-FCO40-278-Conduct-of-Hong-Kong-commercial-relations-1970 — Page 146

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

5.

At the same meeting we touched on the ground covered by Eugene Melville in his letter to Rob Goldsmith dated 3 December. I think had we seen this letter of Melville's sooner we would have come to the conclusion that it contained enough matters of substance to justify our asking you to take part in the discussions. The re is no doubt at all that Melville's points are of considerable importance, although you will be aware that when we were consider- ing Hong Kong's draft together we did not have the question of the Colony's representacion in international organisations so clearly in mind as the sort of contentious bilateral occasion (e.g. Hong Kong/Canada, Hong Kong/Norway) from which the need for explicit guidance has so largely developed.

6.

However, it has so happened that the Governor himself suggested an amendment to paragraph 4 which is in effect an acknowledgment that in relation to paragraph 4 special arrangements for the conduct of relations may be required where Hong Kong is formally represented by IBG, e.g. in certain international organi- sations. The Governor asked for this amendm: nt because he felt continuing concern about the lack of precise definition in the meaning of the words "as appropriate" in paraʼruph 4.

In our recollection of the earlier discussions with Jordan in September, these words were inserted to indicate that there would be situa- tions where Hong Kong could not "exercise responsibility" or speak for itself and in its own name, e.g. in certain international organisations. We see advantage in the more precise meaning introduced by the proposed smonuments, particularly since it carries the implication that other arrangements may need to be agreed in these "special circumstances" - so leaving the field clear to consider separately the points raised by Fugene Melville.

7.

But acceptance of this Hong Kong amendment does not resolve the points raised by Eugene in his letter of 3 December. It leaves in the air what these "other arrangements" are to be. Its effect is to qualify only the application of paragraph 4; by implication the rest of the statement will apply to international orgenisations and it is clear from Fugene's comments and proposals that he is, for example, unhappy about the application of para.5(a) to international organisations and the possibility that IMG and Hong Kong might pureve divergent policies in GATT or UNCTAD,

8.

Eugene had been told that his suggestions will be taken into account in the further consideration we shall be giving to the statement (Goldsmith's letter of 11 December). But as you may know he has since changed his ground (his letter of 23 December to Goldsmith). As we read and understand his later letter, he now considers that we should avoid any form of "written concordat" on the representation of Hong Kong interests in international organi- sations.

2.

we find ourselves very much in agreement with this letter. We accept that it is not possible, in international organisations where Hong Kong is represented by us, for anyone in the UK dele- gation to rise and speak as if separately and independently representing Ilong Kong interests as would be the case if the

/llong Kong

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CONFIDENTIAL

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