Mr Fifoot
Legal Advisers
31
PJYAPS
Reference
CONFIDENTIAL
FUTURE OF THE BRITISH COUNCIL IN HONG KONG
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1001790
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1.
The British Council Representative in Hong Kong recently wrote to the Political Adviser asking for the Hong Kong Government's advice on safeguarding the British Council's position in 1997. The Council are concerned that in 1997 their legal basis will disappear and that they should therefore seek incorporation under a Hong Kong Ordinance eg the Companies
Goethe Ordinance (like the Geche Institute) or Special Ordinance (like the British Red Cross Society, the Community Chest and the YMCA).
2. The Hong Kong Government's advice is contained in Mr Ehrman's letter of 6 July, which has already been passed to the Council's head office. The Hong Kong Government have previously taken the view that it should be sufficient to rely on JD 130 and 131 rather than making a special approach to the Chinese. However, as it now seems likely that the Council will be housed in the Consulate-General building, and may therefore be regarded by the Chinese as part of the official British presence in Hong Kong, they have suggested that further consideration of the Council's future should be delayed until discussions with the Chinese on the Consulate-General have taken place.
3.
As the Hong Kong Government have sought our reaction as well as that of the Council, we would be grateful to know whether you have any views on this advice.
Gill Legan
RM Marsden
Hong Kong Department WH302
270 2650
CODE 18-77
23 August 1990
CONFIDENTIAL