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benefit the institution concerned. Both sides hope to sign by mid
October.
A
4. The conclusion of such an agreement would be an exercise of the
power to conduct external affairs. This means that the Governor
will need an entrustment from the Secretary of State so that he or
his representative may sign. A precedent for such an entrustment
exists: in July 1985 the Secretary of State gave the Governor an
entrustment empowering him to conduct Hong Kong's external
commercial relations. The draft entrustment which I now submit is
on similar lines:
(a)
(b)
it is in general terms (ie it relates to the conduct of
cultural affairs generally and not specifically to the agreement with Japan);
it does not refer to HMG's ultimate responsibility for
Hong Kong's external affairs (which of course continues
despite the entrustment).
In order that there should be no doubt as to (b) (and Hong Kong's
responsibility to comply with the directives of the United Kingdom
Government), we have reached an understanding with the Hong Kong Government about the way in which Hong Kong will carry out powers granted to it in the field of foreign affairs. This is enshrined in
an exchange of letters between the FCO Legal Adviser and the Hong
Kong Attorney General in June 1987. The exchange covers all entrustments (present and future) to Hong Kong to conduct its own
external affairs.
5.
Although Hong Kong has no plans to conclude any other cultural
agreements in the foreseeable future, a general entrustment on the
lines recommended is appropriate because
(a)
(b)
it reflects the provisions of the Joint Declaration which
would empower the Hong Kong SAR to conclude and implement agreements with states in inter alia the cultural field;
it is consistent with our policy of trying to giving Hong
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