TNAG-2083-FCO40-2968-Hong-Kong-entrustments-1990 — Page 20

MD Thomas Esq CMG QC

Attorney General

HONG KONG

8 June 1987

Entrustments.

Foreign and Commonwealth Office

London SW1A 2AH

CONFIDENTIAL

1148

4

CO

Ker

Attorney General,

There has been recent discussion between officials concerning the responsibilities of the Government of the United Kingdom for external affairs and the exercise by the Hong Kong Government of powers entrusted to it in that field, and it will therefore be convenient if I now record our common understanding of the position with regard to these matters.

The Government of the United Kingdom will remain responsible for the external relations of Hong Kong until 30 June 1997. Accordingly, the Government of the United Kingdom, acting through Her Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs, may give directives to the Government of Hong Kong concerning the exercise of powers entrusted to it in the field of external affairs. Such directives would be designed to avoid or resolve conflicts between international commitments or responsibilities undertaken by the United Kingdom Government and those undertaken by the Hong Kong Government. In deciding upon any such directives, the Government of the United Kingdom would of course act consistently with its international obligations and would take into account any action taken in good faith by any foreign government or international organisation in reliance on any declaration made by the Government of the United Kingdom entrusting Hong Kong with power to exercise external relations.

Without prejudice to the powers of the Secretary of State to give directives as described above, if conflicting international commitments or responsibilities were to arise the Government of the United Kingdom and the Government of Hong Kong would co-operate in taking such remedial action as might be necessary. Remedial action by either or both governments could take a variety of forms and could include the payment or reimbursement of compensation.

CONFIDENTIAL

"

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