107)
CONFIDENTIAL
FOR TERRITORIES BECOMING INDEPENDENT.
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16. THERE ARE PRECENDENTS FOR GIVING SEPARATE CONTRACTING PARTY
STATUS FOR TERRITORIES WHICH WERE NOT FULLY INDEPENDENT. THE MOST OBVIOUS IS SOUTHERN RHODESIA WHICH ENJOYED CONTRACTING PARTY STATUS AT A TIME WHEN IT WAS NOT PROCEEDING TOWARDS INDEPENDENCE BUT ENJOYED DELEGATED AUTHORITY IN EXTERNAL COMMERCIAL RELATIONS. INDEED ARTICLE XXVI (5) (C) WAS DRAFTED EXPLICITLY WITH THIS
SORT OF CASE, AND THE EXAMPLE OF BURMA, CEYLON AND SOUTHERN RHODESIA, IN MIND.
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F MT SHOULD BE ARGUED THAT THE TERMS OF HONG KONG'S NEW STATUS
OF THE GATT SHOULD BE SUBJECT TO NEGOTIATION.
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17. THE PROCEDURE DOES NOT 4NVOLVE ANY NEGOTIATION OF TERMS. THE GATT HAS ALREADY CLEARLY ESTABLISHED THAT A GOVERNMENT BECOMING A CONTRACTING PARTY UNDER ARTICLE XXVI (5) (C) DOES SO ON THE TERMS AND CONDITIONS PREVIOUSLY ACCEPTED BY THE METROPOLITAN GOVERNMENT ON BEHALF OF THE TERRITORY IN QUESTION (GATT WORKING PARTY REPORT ON THE OPERATION OF ARTICLE XXXV IN RESPECT OF JAPAN: DOCUMENT BISD TENTH SUPPLEMENT, PAGE 73, ADOPTED BY THE CONTRACTING PARTIES ON 7 DECEMBER 1961).
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HONG KONG AS AN INDEPENDENT POLITICAL ENTITY?
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18. IT IS CLEAR FROM THE TERMS OF THE GATT THAT A CONTRACTING PARTY CAN BE EITHER THE GOVERNMENT OF A SOVEREIGN STATE OR THE GOVERNMENT OF A SEPARATE CUSTOMS TERRITORY. IN THE PROCEDURE TO BE ADOPTED BY THE BRITISH AND CHINESE GOVERNMENTS THERE IS NO IMPLICATION WHATSOEVER THAT HONG KONG IS OR WILL BECOME AN INDEPENDENT POLITICAL ENTITY. IT IS QUITE CLEAR FROM THE TERMS OF THE JOINT DECLARATION THAT THE UK WILL CONTINUE TO HAVE INTERNATIONAL RESPONSIBILITY FOR HONG KONG UNTIL 1 JULY 1997 AND THAT THE PRC WILL HAVE INTERNATIONAL RESPONSIBILITY FOR THE HONG KONG SPECIAL ADMINISTRATIVE
REGION THEREAFTER.
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IF IT IS SUGGESTED THAT THIS WILL BE TANTAMOUNT TO GIVING CHINA TWO VOTES IN THE GATT.
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19. THIS IS NOT A REAL WORRY. SINCE THE ECONOMIC SYSTEMS WILL PE DIFFERENT, IT IS MOST UNLIKELY THAT CHINA AND HONG KONG WILL ALWAYS FIND THEMSELVES OPERATING IN TANDEM. IN ANY CASE VOTES
CONT:DENTIAL
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