TNAG-0341-FCO40-377-Effects-on-Hong-Kong-of-long-term-policy-for-textiles-in-int-1972 — Page 117

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procedural position there should be fewer difficulties

although it would be well to check there would be no

complications.

If Article

10. In discussion, various views were expressed in

regard to Mr Haddon-Cave's question. XXIV(1) did preclude a GATT relationship between the

UK and Hong Kong even if the UK made a declaration in the terms of Article XXVI (5)(c) - but it was far from

clear that this was precluded

-

should there be an

attempt to alter GATT rules? In this connection the

Chairman referred to an earlier opinion of the FCO

Legal Adviser in which the latter gave his view that

although it would be legally possible to grant Hong

Kong autonomy in GATT matters, he found it very difficult

to reconcile autonomy in external commercial affairs

with the constitutional position. Mr Haddon-Cave

agreed with this view. He also expressed reserve

about external commercial autonomy for Hong Kong in

regard to the reaction of China, although he thought

the Chinese less sensitive now in this regard than

they had been a few years ago.

11.

The meeting concluded that the juridical position

and the interpretation of the GATT was one on which a

Miss Elliott undertook to legal view was essential.

put this question to Mr Laird in writing so that the

FCO Legal Adviser would be able to comment.

Practical Implications

12.

It was recognised that the Legal Adviser's advice

/in regard

4.

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