TNAG-1150-FCO40-1430-Relations-between-Hong-Kong-and-the-European-Community-1982 — Page 74

Reference

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CONFIDENTIAL

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13) 1981

CODE 18-77

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Mr Cr

HONG KONG AND THE COMMUNITY

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No

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1. I attach some papers on a problem which first arose last year during our Presidency. It concerns whether the British Trade Commissioner in Hong Kong should go in for all the Community activities (joint economic reports, etc.) which Commercial Counsellors of missions of Member States are supposed to undertake in third countries. Hong Kong Department sent a teleletter on 9 November last year which was drafted

10

by this Department and sets out our views. The Trade Commissioner, Mr March, has however returned to the charge with a fresh problem, and the Political Adviser, Mr Robin McLaren,

has also weighed in. I attach a draft of the reply which I should like to suggest that Hong Kong Department should send to Mr March. I should be grateful to know whether you agree with the line which this takes. I have gone into the matter in some detail in the draft, given Mr McLaren's interest.

2.

I attach the two Council Documents referred to in the draft. The Relex Group Working Document to which I refer indirectly in paragraph 4 of the draft is also attached. I have not gone back further than 1977 as finding the old papers is not altogether easy, and I am not convinced that it is worth the effort just on the off-chance that we will find a discussion of Hong Kong's special status. As I see it, Hong Kong's relationship with the Community is similar to that which an independent third country normally has, and there is no reason why the equivalent of 'Commercial Counsellors' should not perform the normal functions their peers would in normal third countries. The Trade Commissioner has however a very peculiar constitutional status: by agreement with the Governor he is only allowed to perform pure trade promotion functions and may not make economic reports or negotiate on economic matters, even in the interests of HMG. Clearly therefore it is wrong for him to assume such functions for the Community as a whole.

15 February, 1982

Miss Lanxfor

think

This sens

с

P1 Consult

Sopher Pambert

SOPHIA LAMBERT

European Community Department

(External)

E 124 233 5337

This seems to

Mr Danyon, Legal Advisers for

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me

bat

lanty policy;

what it is worth I agree HD 16:ü I did in fact dismiss the earlier teleletter with Miss Wilmshurst. Sopher fambs-l

seems entirely shable to me

left aduses should

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CONFIDENTIAL

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