TNAG-1192-FCO40-1494-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 33

CODE

18-77

SS 8/78

Mr Wilson (NTD CL509)

DESIGNATION UNDER SECTION 16(3) BNA 1981

Reference

See

218 1. Like Mr Hill, I find it hard to determine whether the Hong24 Kong Tourist Association and Trade Development Council can be said to be 'closely associated' with the activities of the Hong Kong Government. As he points out, this does depend largely on how narrowly or loosely one defines the phrase 'closely associated'. I have not seen the arguments that the Home Office have used for adopting a narrow definition for Section 2(3) and excluding the BTA from designation, but I do not think that it automatically follows that a similar approach must be used for designation under Section 16(3). After all, it is the Dependent Territory concerned, not HMG, which will have to live with the effects of the designation. For this reason it is right that their views should be given weight: indeed Mr Luce placed considerable emphasis on the need for consultation in his speech in the Standing Committee on 28 April 1981 (which I am sure Hong Kong will have seen).

2. I attach copies of extracts from the Hong Kong Annual Report 1982, which give an indication of the functions of the Hong Kong Tourist Association, the Hong Kong Trade Development Council and some other similar bodies. In our view, both the HKTA and TDC do perform functions 'closely associated' with the Government of Hong Kong: indeed the TDC operates in very much the same way as the Commercial Sections of British Embassies do on HMG's behalf. I do not think other bodies are in the same category, as so far as I can determine none have offices outside Hong Kong.

3. I would, therefore, be grateful if the proposals put forward by Hong Kong could be supported. If the Home Office do not agree right away, the views of the Governor should be sought, giving him an opportunity to put the Hong Kong case directly.

RJ F Hoare

5 November 1982

HKK 340/1

RECOVE

INDEX

летов

Hong Kong & General Department WH312

233.4439

NO. 51