TNAG-1401-FCO40-1873-Future-of-Hong-Kong-continued-participation-in-the-General-A-1985 — Page 18

اتناشم

CONFIDENTIAL

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GENERAL POINT IN PARA 3 ABOVE) HAS BEEN SUGGESTED BY OUR LEGAL ADVISER. IT WOULD SEEM THAT THE WORDING WHICH UKMIS GENEVA SUGGESTED FOR THIS OPTION IN PARA 2 OF THEIR TELNO 182 (QUOTE SHOULD BE DEEMED TO BE UNQUOTE) DOES NOT ACCORD WITH

THE VIEWS OF THE GATT SECRETARIAT ON THE DRAFT DECLARATIONS UNDER ARTICLE XXVI (V)(C)(PARA 3 (A) OF DAME ANNE WARBURTON'S TELELETTER OF 1 MAY TO GALSWORTHY) AND WHICH IN THEORY SHOULD BE REFLECTED IN THE WORDING OF OPTION 3. IN THIS CONTEXT, WE SHOULD POINT OUT THAT THE PHRASE QUOTE COULD BE DEEMED UNQUOTE IMPLIES A CONDITIONAL SENSE WHICH WE DO NOT INTEND HERE.

IF UKMIS GENEVA FORESEE DIFFICULTY WITH THE PHRASE QUOTE WOULD BE DEEMED UNQUOTE WE SUGGEST THAT THIS BE CHANGED TO QUOTE MAY BE DEEMED UNQUOTE. (SEE ALSO OUR COMMENT IN PARA 12 BELOW ON THE DRAFT UK DECLARATION).

PARAS 8 AND 9

6. WE BELIEVE THAT AS DRAFTED, THESE PARAS FULLY REFLECT THE DRAWBACKS IN SEEKING GATT CONTRACTING PARTY STATUS FOR HONG KONG UNDER GATT ARTICLE XXXIII (PARA 2 OF UKMIS GENEVA TELNO 182 AND PARA 3 OF YOUR TELNO 894).

PARA 11(D)

7. THIS WORDING HAS BEEN SUGGESTED BY OUR LEGAL ADVISER AND TAKES ACCOUNT OF UKMIS GENEVA'S COMMENT ON PARA 12(D) OF THE ORIGINAL DRAFT. (PARA 2 OF UKMIS GENEVA TELNO 182).

PARA 14(A)

8. THE WORDING IN PARENTHESIS TAKES ACCOUNT OF THE COMMENTS IN PARAS 1-3 OF YOUR TELNO 1000, ON WHICH WE WILL BE SUBMITTING TO MINISTERS.

PARA 14(C)

WE HAVE REPLACED THE WORDS QUOTE CONTINUE TO EXERCISE AUTONOMY UNQUOTE IN PARA 15(C) OF THE ORIGINAL DRAFT WITH THE WORDS QUOTE HONG KONG WILL CONTINUE TO HAVE THE SAME RESPONSIBILITIES FOR

UNQUOTE. SEE ALSO OUR COMMENTS IN PARA 14 BELOW IN THE DRAFT PRC

DECLARATION.

PARA 16

9.

AT THE SUGGESTION OF HM CUSTOMS AND EXCISE WE HAVE ADDED THE WORDS QUOTE SOME OF THE TECHNICAL UNQUOTE AFTER THE WORD QUOTE

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CONFIDENTIAL