TNAG-1402-FCO40-1874-Future-of-Hong-Kong-continued-participation-in-the-General-A-1985 — Page 95

Entrustments

ANNEX

1. At Appendices I and II are forms of entrustment to the Governments of Bermuda and Antigua of a limited competence to conduct external relations. Both emphasize the continued responsibility of the United Kingdom Government for the conduct of the colony's external affairs and describe the conferment of authority as a delegation of authority to conduct external

relations on behalf of the UK.

2. Although the United Kingdom will, as a matter of international law, retain until 1997 its responsibility for Hong Kong's external affairs (including any for which an entrustment is given), to emphasize that and the fact that Hong Kong is acting on behalf of the UK Government in an entrustment could well be seen as detracting from any assertion which we might wish to make as to Hong Kong' autonomy, even though a state with which Hong Kong proposed to enter an agreement might wish to be assured formally of the existence of the entrustment. It would therefore be proposed to omit those elements from the entrustment to be issued to Hong Kong. Prudence would however dictate that the entrustment was the subject of a further despatch making the point that the United Kingdom retains responsibility and reserves the power to vary or revoke the entrustment. The entrustment iself would then constitute the Governor's credentials and powers in particular fields and could be shown to states which proposed to enter into an agreement with Hong Kong. The second despatch would not be published, but would record the continuing relationship of the United Kingdom and Hong Kong. Copies of drafts of these two

documents are at Appendix III and Appendix IV.