TNAG-1402-FCO40-1874-Future-of-Hong-Kong-continued-participation-in-the-General-A-1985 — Page 97

JNCLUSION OF TREATIES

VOLUME 42

3.

The authority conferred by paragraph 2 above does not extend to the negotiation and conclusion of trade agreements relating to establishment matters (ie those affecting the rights of persons and companies of the contracting parties) or agreements relating to civil aviation and shipping, which will continue to be dealt with in accordance with the present practice whereby the United Kingdom Government engages in the fullest consultation with the Bermuda Government. The United Kingdom will also consider the inclusion of a representative of the Bermuda Government, either as an adviser or as an observer or in some similar capacity, in any United Kingdom delegation attending international discussions about civil aviation, shipping or finance in which the interests of Bermuda are materially involved.

4.

In view of the general responsibility of the United Kingdom Government for the external affairs of Bermuda, it will be necessary for the Bermuda Government to inform the United Kingdom Government in advance of any proposal for the exercise of the authority to conduct negotiations delegated to the Bermuda Government by paragraph 2(a), (c), (d) and (e) of this despatch and to keep the United Kingdom Government informed of the progress of any such negotiations. The United Kingdom Government will inform the Bermuda Government if it should appear that the actions or proposals of the Bermuda Government in this field conflict with, or are likely to lead to conflict with, the international commitments, responsibilities or policies of the United Kingdom Government. In that event it will of course be necessary for the Bermuda Government to abide by the decision of the United Kingdom Government.

5.

I should be grateful if you would acknowledge the receipt of this despatch and confirm that the Bermuda Government accept the authority delegated in paragraph 2 of this despatch subject to the understandings and stipulations set out in paragraphs 3 and 4 in relation to such delegation, which shall become effective on the date of receipt in the Commonwealth Office of your acknowledgement and confirmation of acceptance*.

I have the honour to be,

My Lord,

Your Lordship's most

obedient Servant,

GEORGE THOMSON

GOVERNOR

THE RIGHT HONOURABLE

LORD MARTONMERE, P.C., K.C.M.G.,

ETC. ETC. ETC.

*Confirmation of acceptance was given by Bermuda on 1 February 1972.

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