CONFIDENTIAL
016162
MDLOA 5848
WE SHOULD RAISE THIS MATTER WITH THE CHINESE NEEDS TO BE
RECONSIDERED. THE CHINESE MAY WELL TAKE THE VIEW THAT JD 130
AND 131 AND ARTICLE 137 OF THE BASIC LAW APPLY TO PRIVATE OR NON-GOVERNMENTAL EDUCATIONAL ORGANISATIONS BUT NOT TO WHAT THEY
MAY REGARD AS A QUASI-GOVERNMENTAL INSTITUTION. HOWEVER INDEPENDENT OF HMG THE BRITISH COUNCIL MAY BE UNDER ITS CHARTER, WE CANNOT IGNORE THE POSSIBILITY THAT THE CHINESE MAY SEER TO EQUATE THE BRITISH COUNCIL IN HONG KONG WITH THE BRITISH COUNCIL IN THE PRC AND MAY REGARD IT AS PART OF THE OFFICIAL BRITISH PRESENCE IN HONG KONG, PARTICULARLY IF, AS NOW SEEMS LIKELY, THE COUNCIL IS HOUSED IN THE CONSULATE-GENERAL BUILDING. IF THIS PROVES TO BE THE CASE, WE MAY WELL TO NEED EXPLORE WITH THE CHINESE THE BASIS ON WHICH THE COUNCIL WILL CONTINUE TO OPERATE IN HONG KONG. BUT WE AGREE THAT ANY FURTHER CONSIDERATION OF THIS ISSUE SHOULD AWAIT THE OUTCOME OF THE DISCUSSIONS WITH THE CHINESE ON THE CONSULATE-GENERAL.
HURD
YYYY
ΜΑΙΝ
31
LIMITED
HKD
FED
OED
CRD
ADDITIONAL
2
MR FIFOOT, LEGAL ADVISERS
NNNN
DISTRIBUTION
33
CONSULAR DEPT
MR MCLAREN
MR BURNS
MISS SPENCER
MR ELLIS, BRITISH COUNCIL
2
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