TNAG-1401-FCO40-1873-Future-of-Hong-Kong-continued-participation-in-the-General-A-1985 — Page 102

CONFIDENTIAL

PP HONG KONG

GRS 657

CONFIDENTIAL

FM FCO 301301Z APR 85

TO PRIORITY HONG KONG

TELEGRAM NUMBER 600 OF 30 APRIL

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Никонорн

- MAY 1985

z

BOYD'S TELELETTER OF 27 APRIL : HONG KONG AND THE GATT

FOLLOWING IS THE TEXT OF GALSWORTHY'S FIRST TELELETTER OF 22

APRIL TO BOYD NOW REPEATED TO YOU. ORIGINAL WAS NOT SENT DUE TO

ERROR IN COD:

BEGINS

HONG KONG AND THE GATT

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2

1. I KNOW THAT YOU WISH TO PUT PROPOSALS ON GATT TO EXCO AS SOON AS POSSIBLE, (YOUR TELNOS 294 AND 565) AND IT MAY BE HELPFUL TO

BRING YOU UP TO DATE WITH OUR THINKING. WE AGREE WITH YOU AND PEKING (YOUR SECOND TUR AND PEKING TELNO 375) THAT WE SHOULD WORK

OUT OUR POSITION IN TIME FOR THE FIRST MEETING OF THE JOINT

LIAISON GROUP. INDEED WE BELIEVE THAT WE SHOULD AIM TO PRODUCE A

PAPER FOR DISCUSSION WITH THE CHINESE AT THAT MEETING.

2. HAVING RECEIVED DAME ANNE WARBURTON'S TELELETTER OF 11

MARCH, WE HAVE CONSULTED FRED BURROWS AND THE DTI ABOUT THE

PROCEDURE WHICH THE GATT LEGAL ADVISER SUGGESTS FOR SEEKING

CONTRACTING PARTY STATUS FOR HONG KONG (PARA 5 OF TUR). THIS

PROCEDURE IS BROADLY SIMILAR TO THE PROPOSALS IN PARAS 2 AND 3 OF

OUR TELNO 509 OF 1984, AND, GENERALLY SPEAKING, WE ARE HAPPY TO

GO ALONG WITH THE IDEA OF THREE DECLARATIONS.

3. IN LIGHT OF THE GATT LEGAL ADVISER'S COMMENTS WE HAVE

PRODUCED ILLUSTRATIVE FIRST DRAFTS OF THE THREE TYPES OF

DECLARATION REFERRED TO IN PARA 5 OF TUR (SEE MIFTL). WE SENT

THESE DRAFTS TO THE DTI FOR THEIR COMMENTS AND IN DOING SO DREW

THEIR ATTENTION TO THE FOLLOWING POINTS:

(A) OUR LEGAL ADVISERS HAVE POINTED OUT THAT THE GATT DRAWS NO

DISTINCTION BETWEEN 'DE JURE' AND 'DE FACTO' PARTIES AND THAT WE

SHOULD NOT ACCEPT THAT ANY SUCH DISTINCTION EXISTS, NOR DEPOSIT

ANY DOCUMENT WITH THE DIRECTOR-GENERAL WHICH USES THOSE TERMS.

ACTION BY US BEFORE 1997 UNDER ARTICLE XXVI (5) (C) OUGHT TO

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CONFIDENTIAL

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