TNAG-1402-FCO40-1874-Future-of-Hong-Kong-continued-participation-in-the-General-A-1985 — Page 123

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➤FM HONG KONG 2009O5Z JUN 35

TO IMMEDIATE F C O

TELEGRAM NUMBER 1220 OF 20 JUNE

REGISTY

PA

Action Taken

INFO IMMEDIATE PEKING, UKMIS GENEVA, HKGO GENEVA (FOR CARTLAND), UKREP BRUSSELS (FOR JONES), WASHINGTON.

MIPT: GATT: HONG KONG'S FUTURE STATUS.

1. PROPOSED REDRAFT OF PARAGRAPHS 5-10 :-

15. ARTICLE XXV1(5)(C) OF THE GATT PROVIDES THAT IF ANY OF THE CUSTOMS TERRITORIES, IN RESPECT OF WHICH A CONTRACTING PARTY HAS ACCEPTED THIS AGREEMENT, POSSESSES OR ACQUIRES FULL AUTONOMY IN THE CONDUCT OF ITS EXTERNAL COMMERCIAL RELATIONS AND OF THE OTHER MATTERS PROVIDED FOR IN THIS AGREEMENT, SUCH TERRITORY SHALL, UPON SPONSORSHIP THROUGH A DECLARATION BY THE RESPONSIBLE CONTRACTING PARTY ESTABLISHING THE ABOVE-MENTIONED FACT, BE DEEMED TO BE A CONTRACTING PARTY.

NO! Accord икматнуюте prosedures for whe where recom-se is made to Art.

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xxvi (5)(1)

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اكتره

5. THE GATT CONTRACTING PARTIES HAVE RECOMMENDED STANDARD PROCEDURES FOR USE IN CASES WHERE DEPENDENT TERRITORIES PROCEED TO INDEPENDENCE (BASIC INSTRUMENTS AND SELECTED DOCUMENTS 6S, 95/16 AND 153/64), WHEREBY THE SPONSORING PARTY NOTIFIES THE GATT OF THE AUTONOMOUS STATUS OF THE TERRITORY CONCERNED AND THE TERRITORY IN QUESTION CAN INDICATE TO THE GATT ITS WISH TO BE DEEMED TO BE A CONTRACTING PARTY. THESE PROCEDURES ARE NOT ENTIRELY APPROPRIATE, SINCE HONG KONG IS NOT PROCEEDING TO INDEPENDENCE. NEVERTHELESS SINCE THEY ARE FAMILIAR TO OTHER CONTRACTING PARTIES

AND THERE IS MERIT IN FOLLOWING THEM WHERE THEY ARE APPROPRIATE, MODIFYING THEM ONLY WHERE THEY ARE NOT.

7. ACCORDINGLY IT IS THE INTENTION OF THE BRITISH SIDE THAT WITH THE FULL KNOWLEDGE OF THE PRC, THE UNITED KINGDON SHOULD NOW MAKE A DECLARATION IN ACCORDANCE WITH ARTICLE XXVI(3)(0) OF THE GATT THAT HONG KONG POSSESSES FULL AUTONOMY IN THE CONDUCT OF ITS EXTERNAL COMMERCIAL RELATIONS AND OF THE OTHER MATTERS PROVIDED FOR

IN THE GATT.

8. SIMULTANEOUSLY WITH THE DEPOSITION OF THE UK DECLARATION WITH THE GATT SECRETARIAT, THE REPRESENTATIVE OF HONG KONG WOULD SUBMIT A STATEMENT COUCHED IN STANDARD TERMINOLOGY AND FORMALLY PLACING ON RECORD ITS WISH TO BE TREATED AS A CONTRACTING PARTY. THE GATT SECRETARIAT WOULD THEN, IN ACCORDANCE WITH NORMAL PRACTICE, NOTIFY ALL CONTRACTING PARTIES THAT THE GAIT IS APPLICABLE TO HONG KONG.

PARTION ENTIAL

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