TNAG-0250-FCO40-286-Discussions-on-EEC-negotiations-between-officials-of-Hong-Ko-1970 — Page 106

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

9.

iii.

GATT Secretariat, and possibly certain

of Hong Kong's trading partners as well.

It will be possible for Hong Kong to

become a separate contracting party to

the GATT by means of Article XXVI,5(c),

which reads:

"If any of the Customs territories, in

respect of which a contracting party has

accepted this Agreement, possesses or

acquires full autonomy in the conduct

of its external cormercial relations

and of the matters rovided for in this

agreement, such territory shall, upon

sponsorship through a declaration by

the responsible contracting party

establishing the above mentioned fact,

be decmed to be a contracting party".

Whilst this Article has been used mainly to

enable former dependent territories to

become separate contracting parties on

attaining independence, there is a precedent

- Rhodesia for such a declaration to be

made concerning a territory which remains

politically dependent.

There are difficulties about all the above courses

open to Hong Kong. If course (i) or (ii) is followed after

Britain joins EEC, it will become impossible in practice for

Hong Kong's rights to be exercised vis-a-vis the enlarged

community with regard to matters which are harmonised

community practice.

It will certainly be more difficult for

6.

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