TNAG-0341-FCO40-377-Effects-on-Hong-Kong-of-long-term-policy-for-textiles-in-int-1972 — Page 155

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

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He said it was essential for Hong Kong to know where

they would stand when the UK had to conform to community

decisions. It would also be imperative for Hong Kong

to have a GATT relationship with the enlarged EEC i the

EEC itself became a Contracting Party but see para-

graph 5 above) 7.

Juridical Position

7. Mr Haddon-Cave thought that, given the UK's entry

into the EEC, there would be two distinct juridical

problems, namely those of the relationship between

(1) Hong Kong and the UK and (ii) Hong Kong and the 9

other members of the enlarged EEC. In short, would

Hong Kong's GATT relationship with the EEC subsune her

non-GATT relationship with the UK or vice-versa?

8.

In the context of GATT, Mr Haddon-Cave raised 4

queries:

(a) Did Article XXIV (1) preclude a GATT

relationship between Hong Kong and the UK, as

Administering Power, in all circumstances?

(b)

Could Hong Kong be given the de jure and

de facto right of acting on their own behalf

under Article XXVI 5(c)?

(c)

Would (b) then automatically give Hong

Kong a GATT relationship with the UK?

(a) On the answers to these questions would

depend the GATT relationship or non-relationship

between Hong Kong and the enlarged EEC.

9. In regard to the CTC, although the same questiong

held certain relevance, Mr Haddon-Cave thought that in

view of the double acceptance and Hong Kong's present

/procedural

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