TNAG-1492-FCO40-2050-Future-of-Hong-Kong-General-Agreement-on-Tariffs-and-Trade-(-1986 — Page 262

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UNDERSTAND THE RATIONALE FOR CARTLAND TO BECOME HONG KONG'S

REPRESENTATIVE TO THE GATT. IT WOULD PRESUMABLY ALSO BE

UNDERSTOOD IF, AS WOULD SEEM LOGICAL, CARTLAND ASKED THE GATT

SECRETARIAT TO REFER ALL MATTERS AFFECTING CONTRACTING PARTIES

(AND ALL RELEVENT DOCUMENTATION) DIRECTLY TO HKGO INSTEAD OF VIA

UKMIS. BUT OUR READING OF THE EARLIER EXCHANGES WITH THE CHINESE

SUGGESTS THAT THEY WILL NOT BE EXPECTING ANY CHANGE IN THE FORMAL

RELATIONSHIP BETWEEN HKGO AND UKMIS. IF ANY ASPECT OF 'FORMAL

SEPARATION' APPEARED TO WEAKEN OR CALL INTO QUESTION OUR ULTIMATE

SOVEREIGNTY OVER HONG KONG (OR BY EXTENSION, CHINA'S ULTIMATE

SOVEREIGNTY OVER THE HONG KONG SAR AFTER 1997), THIS COULD CAUSE

THE CHINESE SOME ALARM. WE NEED TO TAKE THIS ASPECT FULLY INTO

ACCOUNT.

4.

ON (B) WE HAVE IN MIND THAT HKGO GENEVA HANDLES RELATIONS

WITH A NUMBER OF INTERNATIONAL ORGANISATIONS BESIDES THE GATT.

WE HAVE STILL TO AGREE WITH THE CHINESE ABOUT HONG KONG'S

CONTINUED PARTICIPATION IN THESE. THERE MAY BE SOME IN WHICH,

FOR REASONS CONNECTED WITH THEIR CONSTITUTIONS, IT MAY BE

NECESSARY OR APPROPRIATE FOR HONG KONG TO CONTINUE TO PARTICIPATE

AS A MEMBER OF THE UK DELEGATION (AND BY EXTENSION OF THE CHINESE

DELEGATION AFTER 1997). IT THEREFORE SEEMS NECESSARY TO LOOK AT

THE STATUS OF HKGO IN RELATION TO HONG KONG'S INTEREST IN ALL

GENEVA-BASED ORGANISATIONS BEFORE ANY MOVE IN THE GATT CONTEXT.

5.

ON (C) THE SWISS FEDERAL GOVERNMENT PROVIDE PRIVILEGES

AND IMMUNITIES TO THE PERMANENT DELEGATIONS OF MEMBER STATES AT

THE EUROPEAN OFFICE OF THE UN AND OF OTHER INTERNATIONAL

ORGANISATIONS AND ALSO TO THE CHIEFS AND MEMBERS OF PERMANENT

DELEGATIONS. THERE ARE TWO PARTICULAR QUESTIONS: FIRST, WHETHER

THE SWISS WOULD TREAT A MEMBER OF AN ORGANISATION WHICH IS NOT A

STATE AS BEING ENTITLED TO PRIVILEGES AND IMMUNITIES FOR ITS

DELEGATION AND REPRESENTATIVES: AND SECOND, WHETHER THE GATT IS

AN INTERNATIONAL ORGANISATION FOR THE PURPOSES OF THESE

PROVISIONS. BOTH QUESTIONS WOULD NEED TO BE ADDRESSED TO THE

SWISS AUTHORITIES. WE SUSPECT THAT THE ANSWER TO BOTH MAY WELL

BE UNSATISFACTORY FROM YOUR POINT OF VIEW. (FOR WHAT IT IS

WORTH, WE DO NOT APPEAR TO TREAT THE GATT AS AN INTERNATIONAL

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CONFIDENTIAL