TNAG-1402-FCO40-1874-Future-of-Hong-Kong-continued-participation-in-the-General-A-1985 — Page 140

CONFIDENTIAL

8. With regard to the GATT the two words which require

examination are "autonomy" and "establishing". "Autonomy'

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is not a precise word but, however loosely it may be used,

it carries the concept of a measure of self-government

or freedom of action. "Full autonomy" could imply full

legal or constitutional power; but it could also mean

"practically unrestricted" within the relevant field. The

Article appears to have been used in the past in respect of

newly independent territories (a territory which "acquires

full autonomy" is sponsored by the responsible contracting

party) but it also seems capable of applying to a non-

independent territory (a territory which "possesses full autonomy" sponsored by the responsible contracting party")

and preliminary soundings of the GATT Secretariat would

indicate that they at any rate believe it is available for

territories which are not independent. That consideration,

however, does not dispose of the issue.

ther

It leaves

open for question whether in judging "full autonomy" for the

purposes of the Article, it is necessary to have regard to th

constitutional relationship.

9. The word "establishing" is perhaps more helpful.

ambiguous:

"evidencing".

it may mean either "determining" or

effect of both.

Indeed it may have the

If the responsible authority of the

It is

sponsoring contracting party asserts that the particular

territory is autonomous in a particular respect it may both

be evidence of that fact and, if accepted by the relevant

organs or authorities of the GATT, determine it.

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CONFIDENTIAL

On this

/assumption