9.
iii.
Such a change would have to be discussed with the 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 commercial relations
and of the matters provided for in this agreement,
such territory shall, upon sponsorship through a
declaration by the responsible contracting party
establishing the above mentioned fact, be deemed
to be a contracting party."
Whilst this Article has been used mainly to enable former
dependent territories to become separate contracting
parties on attaining independance, 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 the UK to act in defence of Hong Kong's
rights even against non-members of EEC since UK spokesmen in the
GATT will inevitably be circumscribed by the need to keep in step
6.
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