TNAG-0243-FCO40-279-Conduct-of-Hong-Kong-commercial-relations-1973 — Page 124

HONG KONG TELNO 525 TO FCO

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3-

TRADE IN ITS OWN RIGHT SEMICOLON ALTHOUGH THIS MUST CLEARLY.

F

SHORT OF FOREIGN POLITICAL RLATIONS OR OF TREATY - MAKING

IN THEIR FULL SCOPE . THE SCOPE FOR SUCH DELEGATION IS EXPLICITLY

IN

RECOGNISED/THE GATT. THE EXISTENCE OF THE U.K.'S POWER TO DIRECT

HONG KONG, AND THE DEMANDS WHICH ARISE FROM OTHER COUNTRIES THAT

THIS POWER BE USED IN WIDER FIELDS, EXTERNAL OR INTERNAL,

DOES NOT AFFECT H M G'S ABILITY TO EXERCISE DISCRETION ON WHETHER

TO USE THE POWER OR NOT. I CANNOT REALLY ACCEPT THE CONCEPT

OF MERE AGENCY AS SET CUT IN YOUR DRAFT. IT SEEMS TO ME AT BEST

TO EXPRESS AN EXCESSIVELY NARROW AND THEORETICAL VIEW OF THE

CONSTITUTIONAL POSITION SEMICOLON AND IF IT IS TO BE SO POSITIVELY

EXPRESSED IN A FORMAL DESPATCH THEN IT OUGHT AT LEAST TO BE

BALANCED BY AN EQUALLY POSITIVE AFFIRMATION OF THE PRINCIPLE

THAT H M G'S RIGHT TO DIRECT HONG KONG AFFAIRS DERIVES EXCLUSIVELY

FROM A DUTY TO DO SO SOLELY IN HONG KONG'S BEST OVERALL INTEREST,

I COULD NOT DISCLOSE THESE TWO SENTENCES AS THEY STAND OUTSIDE OFFICIAL CIRCLES WITHOUT SEVERE PROTEST WHICH, THOUGH LARGELY

1

EMOTIONAL, WOULD NEVERTHELESS IN MY VIEW HAVE CONSIDERABLE

JUSTIFICATION, 1 SUGGEST REDRAFTING IN TERMS WHICH ARE LESS

PROVOCATIVE AND PAY MORE REGARD TO THE PRACTICAL POSITION PERHAPS

AS FOLLOWS:-

**IT FOLLOWS FROM THE CONSTITUTIONAL POSITION THAT H M G

CANNOT ABROGATE FINAL RESPONSIBILITY FOR THE HONG KONG GOVERNMENT'S

EXTERNAL RELATIONS

(4)

''

I DO NOT SEE THAT ANYTHING ELSE IS NECESSARY.

PARA,4, LAST SENTENCE.

I PRESUME THAT THIS IS INTENDED

423 OF 9 APRIL 1970)

ARRANGEMENTS OFT AND

TO BE PERMISSIVE (PLEASE SEE MY SAVING DESPATCH

I SUGGEST DELETING FROM 'THERE WILL BE'' TO ADDING AT THE END OF THE SENTENCE **MAY IN APPROPRIATE INSTANCES

BE INCLUDED IN THE PREAMBLE'.

/(5)

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