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Commercial Relations and Exports
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Lowson
Randpa
G7124/393/1 & 2%/Xx
Your referen
Our reference
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Mr FW Willis
SID(E)
FCO SHI
Date
28
November 1979
16.
HONG KONG AND THE GATT
You invited my comments on the GATT aspects of your minute of
14-23 November 1979 to-Miss Wilmshurst.
2.
I do not think the textiles committee is a relevant precedent. The present arrangement, whereby Hong Kong sits under the UK flag in the ATT, was specifically agreed between the UK, the EEC and the GATT Director General in late 1972 when the UK was acceding to the Community (see L/3800 attached). Any change in that position - such as allowing Hong Kong a seat in her own name on the Committee B of signatories would need to be cleared by all these interested parties. Incidentally, it may be worth recording that Olivier Long was totally opposed to the idea of a separate flag for Hong Kong in 1972:
3. The situation described above would cover any case where Hong Kong was not a Contracting Party in her own right.
4. I agree that if Hong Kong were to be formally given complete autonomy in her external commercial relations in the terms covered by Article XXVI:5(c), she could accede in her own right; pay her own subscription, sign any agreement she wanted herself and parti- cipate under her own flag. There would be no GATT problems in her doing so. But Hong Kong has always ruled this out in the past because of her position vis a vis China.
Yours sincerely
(Miss) SE HARDING
CRE1
ENC
cc
Miss Wilmshurst
Mr Quantrill
FCO Legal Advisers HKGD; FCO
Mr Meadway
Mr Williams
CRE1
UKMIS Geneva
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