Mr Smith, HKD
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FROM: PAUL FIFOOT
DEPUTY LEGAL ADVISER DATE: 14 APRIL 1986
182
HONG KONG AND GATT : HONG KONG'S GENEVA OFFICE: HONG KONG TELNO 1069
1.
At present, Hong Kong personnel are part of UKmis Geneva. The full title of UKmis Geneva is the United Kingdom Mission to the Office of the United Nations and Other International Organisations at Geneva. Those organisations include ITC, ILO, ITU, UPOV, WHO, WIPO and WMO. They also include the GATT.
2. Hong Kong's suggestion about a separate office concentrates on the GATT. But Hong Kong will have an interest in some at least of the other organisations. I have not examined each constitution carefully to see if it is possible to become a separate member of the other organisations in which it might have an interest, but there must be a possiblity that even if that were its wish,
it may not be possible to accommodate it and that Hong Kong will therefore need to be part of the United Kingdom delegation in relation to some organisations as well as being a separate member in respect of GATT and others. I would have thought, therefore, that Hong Kong should look at the question of a separate office not only in the context of their immediate considerations with GATT but in relation to their interest in other organisations.
3. A particular problem to which consideration needs to be given (and this is touched on in paragraph 4 of TUR) is the question of privileges and immunities. The Swiss Federal Government provides 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. The second is whether the GATT is an international organisation for the purposes of these provisions. Both questions would need to be addressed to the Swiss authorities as instinct suggests that the answer to both may well be unsatisfactory. what it is worth, we do not appear to treat the GATT as an international organisation; such privileges and immunities as we accord exemption from tax on salaries - are given to the "Interim Commission for the International Trade Organisation" which provides the secretariat for the GATT.)}
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Pasffor
Paul Fifoot
(For
HKK 12211
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1 7 APR 1986
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