TNAG-0250-FCO40-286-Discussions-on-EEC-negotiations-between-officials-of-Hong-Ko-1970 — Page 160

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ARTICLE XXIV: 1

"The provisions of this Agreement shall apply to the

metropolitan Customs territories of the contracting parties

and to any other Customs territories in respect of which

this Agreement has been accepted under Article XXVI

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 Agreeement has

been accepted under Article XXVI

by a single

contracting party."

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The opinion of the Foreign & Commonwealth Office legal advisors

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

i's

dependent territories) is that Hong Kong was not administratively

and juridically a contracting party to the GATT although by virtue

of the territorial application provisions of the Agreement

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

substantive trade rules of the Agreement were 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

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