TNAG-1655-FCO40-2303-Hong-Kong-and-the-Customs-Co-operation-Council-(CCC)-1987 — Page 187

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BOTH GOVERNMENTS IN THE GATT FORUM TO GIVE EFFECT TO THIS

AGREEMENT. THESE STEPS INVOLVED BOTH GOVERNMENTS MAKING

SIMULTANEOUS DECLARATIONS TO THE GATT. HONG KONG DULY BECAME A

SEPARATE CONTRACTING PARTY ON 23 APRIL 1986 UNDER ARTICLE

XXVI (5)C OF THE GATT.

HAVING SETTLED THE QUESTION OF HONG KONG'S PARTICIPATION

IN THE GATT, THE TWO GOVERNMENTS CONSIDERED THE CLOSELY RELATED

QUESTION OF HONG KONG'S PARTICIPATION IN THE CCC. AS WITH

DISCUSSIONS ON GATT, THE STARTING POINT WAS THE FACT THAT HONG

KONG IS AND WILL CONTINUE TO BE AFTER 1997 A SEPARATE CUSTOMS

TERRITORY ENJOYING FULL AUTONOMY IN ITS EXTERNAL COMMERCIAL

RELATIONS. ITS STATUS WITHIN GATT AS A SEPARATE CONTRACTING

PARTY CONFIRMED THIS. ALSO, SECTION VI OF ANNEX I TO THE

SINO-BRITISH JOINT DECLARATION PROVIDES THAT THE HONG KONG

SPECIAL ADMINISTRATIVE REGION (THE NAME TO BE GIVEN TO HONG KONG

WHEN THE TERRITORY REVERTS TO CHINESE SOVEREIGNTY ON 1 JULY 1997)

SHALL BE A SEPARATE CUSTOMS TERRITORY AND MAY PARTICIPATE IN

RELEVANT INTERNATIONAL ORGANISATIONS AND INTERNATIONAL TRADE

AGREEMENTS. FURTHER, SECTION XI OF THAT ANNEX PROVIDES THAT THE

HONG KONG SAR MAY ON ITS OWN, USING THE NAME QUOTE HONG KONG,

CHINA UNQUOTE, MAINTAIN AND DEVELOP RELATIONS AND CONCLUDE AND

IMPLEMENT AGREEMENTS WITH STATES, REGIONS AND RELEVANT

INTERNATIONAL ORGANISATIONS IN THE APPROPRIATE FIELDS AND MAY

PARTICIPATE IN INTERNATIONAL ORGANISATIONS AND CONFERENCES NOT

LIMITED TO STATES.

ARTICLE II(A)(II) OF THE CONVENTION ESTABLISHING THE CCC

PROVIDES FOR MEMBERSHIP OF THE COUNCIL BY: QUOTE THE GOVERNMENT

OF ANY SEPARATE CUSTOMS TERRITORY WHICH IS PROPOSED BY A

CONTRACTING PARTY HAVING RESPONSIBILITY FOR THE FORMAL CONDUCT OF

ITS DIPLOMATIC RELATIONS, WHICH IS AUTONOMOUS IN THE CONDUCT OF

ITS EXTERNAL COMMERCIAL RELATIONS AND WHOSE ADMISSION AS A

SEPARATE MEMBER IS APPROVED BY THE COUNCIL. UNQUOTE. THIS IS

VERY SIMILAR TO ARTICLE XXVI(5)(C) OF THE GATT UNDER WHICH HONG

KONG BECAME A SEPARATE CONTRACTING PARTY.

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