Mr Leeks HKD
CONFIDENTIAL
HKK
175/2.
RECEIVED IN REGISTRY
16 JAN 1987
AL. DISTRY
PA
Action Tukang
13
FROM:
Paul Fifoot
DATE: 12 January 1987
F
* separate
ها
to MK
HONG KONG REPRESENTATION AT IMO:
YOUR MINUTE OF 5 JANUARY
1. With certain exceptions, which are irrelevant to the matter at hand, "member" in the IMO Constitution is to be construed as including an associate member. The Head- quarters Agreement applies the Constitution definition "member". I therefore agree that Hong Kong may appoint a Permanent Representative pursuant to the Headquarters Agreement and the procedure in Annex 2 to Resolution 505.
2.
As Mr Simpson, and apparently Mr Milburn, have pointed out, Mr Chan, a British citizen (para 2 of Hong Kong telno 4297) would not be entitled to privileges and immunities under the Headquarters Agreement.
3.
There is a point of detail which arises under para- graph 3 of Annex 2, namely who issues the credentials. I assume that Hong Kong would expect the Governor to be treated as "Head of Government" in relation to an asso- ciate member and I would have no objection to that if it is acceptable to the Secretary-General. If it is not, then I think the Secretary of State would need to issue the credentials.
M м,
Fort.
&
of
Paul Fifoot
Legal Advisers
Many thanks for your advice. I attach
your advice. I attach a copy I a Kelegram
to Hong Kong, will ref lels, & should be grateful for any comments you
CONFIDENTIAL
may have on it by 1600 today (13 January)
David Barta
Ико ( 270 2652)