THE DIRECTOR
INTERGOVERNMENTAL COMMITTEE FOR MIGRATION
Dear Mr. Ambassador,
GENEVA, SWITZERLAND
21 May 1982
attached to
Micie 022/1 ник
I should like to refer to my letter dated 23 December 1980 concerning the question of the legal sta- tus of this Organization in Hong Kong.
HK12
Sp lette 1980 2615
02211
In his letter dated 8 January 1981, Sir Murray MacLehose, Governor and Commander-in-Chief, Hong Kong, wrote: "I am afraid that under our law we can only grant full privileges and immunities to those international organisations of which Hong Kong or the United Kingdom is a member. This precludes us from granting such pri- vileges to ICM."
After further examination of the situation, I am wondering whether this matter of legal status, privi- leges and immunities could not be settled through the conclusion of an agreement between Her Majesty's Govern- ment or the Government of Hong Kong and the Intergovern- mental Committee for Migration, and I would be most grateful to you if the possibility of such action could be considered.
You will surely understand my worries as to the legal status of the Committee in Hong Kong continuing to remain undetermined. I am particularly concerned as regards the immunity from jurisdiction, which should be enjoyed by ICM as by any other international governmental organization in any country on the territory of which it is called upon to operate, and also as regards the exemp- tion from income tax on salaries, emoluments and indemni- ties paid by ICM to its international staff.
Recently, our Regional Representative in Hong Kong, Mr. Thomas W. Lamb, reported that his wife received a summons to jury duty, and that no exemption could be granted since ICM has no diplomatic status. It is our understanding, however, that she will be excused for the time being due to her absence abroad.
Mr. Lamb also reported that Sir John Curle, Director of Protocol, to whom Mr. Robin McLaren, Politi- cal Adviser, had referred the matter, told him that, were he to be instructed from Foreign and Commonwealth
☺ 1981
His Excellency
Mr. Peter H.R. Marshall, C.M.G.
Ambassador
The Permanent Representative of the United Kingdom
to the Office of the United Nations and other international organizations in Geneva
37-39, rue de Vermont
1211 GENEVE 20
./...