TNAG-1491-FCO40-2049-Future-of-Hong-Kong-General-Agreement-on-Tariffs-and-Trade-(-1986 — Page 82

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Article XXVI-5 E

."

b) "deemed to be a contracting party"

In the original draft (EPCT/135) the separate cus- toms territory was "entitled to appoint a repre- sentative" to the CONTRACTING PARTIES. In the final text, the word "deemed" was used intentionally in order to make clear that such territory could either act in its own right as a full contracting party and be represented by a separate delegate (as Burma, Ceylon and Southern Rhodesia did in the negotiations in 1947) or continue to be represented by the metro- politan contracting party acting on behalf of such customs territory.

(c)

Terms and conditions of succession to GATT

The Working Party report, adopted on 7 December 1961, on "Article XXXV Application to Japan" pointed out "that there could be no doubt that a government becoming a contracting party under Article XXVI:5(c) does so on the terms and con- ditions previously accepted by the metropolitan government on behalf of the territory in question." This applies also to rights under Article XXXV: "The Working Party also discussed the question of invocation of Article XXXV by governments assuming in their own rights the status of contracting par- ties pursuant to Article XXVI:5(c) or acceding to GATT under Article XXXIII. It wishes to point out that there could be no doubt 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. Consequently, if Article XXXV had been invoked in respect of that territory (or if that territory had not been speci- fically excluded from such invocation), it would continue to be valid unless expressly disinvoked by the succeeding government. If this were clearly understood, it would then be unncessary for the new government to take an immediate decision on whether the invocation should or should not be maintained."

EPCT/TAC/PV/22 pp.21-22

10S/69

P.73 para. 19

para. 19

...

The Panel report, adopted on 2 February 1971, on "Jamaica Margins of Reference" contains the following finding:

18S/183

November 1985