CONFIDENTIAL
8. With regard to the GATT the two words which require examination are "autonomy" and "establishing". "Autonomy" 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. It leaves open the question whether in judging "full autonomy" for the purposes of the Article, it is necessary to have regard to the constitutional relationship.
9.
The word "establishing" is perhaps more helpful. It is ambiguous: it may mean either "determining" or "evidencing". Indeed it may have the effect of both. If the responsible authority of the 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. On this assumption it would be possible to adopt a particular interpretation of full autonomy an interpretation which relies on practice and a political imperative and to make the declaration on that basis. As a matter of practice Hong Kong enjoys full freedom to conduct external commercial relations without interference from the United Kingdom; as a matter of
-
6
CONFIDENTIAL
/political
Page 90Page 91
No comments yet.
Private notes are available after approval.