TNAG-0250-FCO40-286-Discussions-on-EEC-negotiations-between-officials-of-Hong-Ko-1970 — Page 102

of which this Agreement has been accepted under

Article XVI.......Each such Customs territory shall,

exclusively for the purposes of the territorial

application of this Agreement, be treated as though

it were a contracting party; provided that the

provisions of this paragraph shall not be construed

to create any rights or obligations as between two

or more Customs territories in respect of which this

Agreement has been accepted under Article XXVI.

by a single contracting party"

The opinion of the Foreign and Commonwealth Office legal

advisors of the GATT status of Hong Kong (and of all other British

dependent territories) is that Hong Kong is not administratively

and juridically a contracting party to the GAIT although by

virtue of the territorial application provisions of the Agreement

(Article XXIV: 1) she is treated as a contracting party as far as

the substantive trade rules of the Agreement are concerned.

3. As a consequence of her GATT status identified above, Hong

Kong is represented in the GATT by the UK, and UK spokesmen

speaking on behalf of Hong Kong are identified as such. It is

the duty of the UK to secure both the GATT rights of Hong Kong

and the observance of GATT obligations by Hong Kong. In

practice, Hong Kong's interests have been represented for some

time mainly by Mr. Derek Jones, Counsellor (Hong Kong affairs)

in the UK Mission in Geneva, whose concentration on Hong Kong

affairs has naturally lead to some degree of recognition of the

special interest of Hong Kong. However, other UK officials have

also spoken on behalf of Hong Kong, as they would with regard

to any other UK dependent territory, and Hong Kong officials have

also spoken from a seat within the UK Delegation on behalf of

2.