CONFIDENTIAL
105241
MDL 2594
333 SPECIFICALLY REFERS, IN ITS DESCRIPTION OF DOCUMENTS INCORPORATING OVERSEAS BODIES, TO ''CHARTERS'
A
IF THE COUNCIL WERE TO ADOPT THIS PROCEDURE, IT WOULD HAVE THE ADVANTAGE OF FOLLOWING THE PATH ALREADY TAKEN BY THE GOETHE INSTITUTE, WHOSE LEGAL BASIS IN HONG KONG IS THAT OF AN OVERSEA COMPANY. THE ALLIANCE FRANCAISE HAS ALSO USED THE COMPANIES ORDINANCE, BUT IN ITS CASE TO INCORPORATE ITSELF AS A HONG KONG COMPANY IN ITS OWN RIGHT RATHER THAN AS A BRANCH OF A FOREIGN BODY.
6. IF THE COUNCIL WERE NOT PLANNING TO MOVE TO THE BUILDING WHICH WILL HOUSE THE FUTURE CONSULATE-GENERAL, WE WOULD ADVISE THEIR DIRECTOR TO CONSIDER REGISTRATION AS AN OVERSEA COMPANY AND WOULD CONTINUE TO SEE NO NEED TO APPROACH THE CHINESE. SINCE THE COUNCIL HOWEVER ARE NOW THINKING OF ACCOMMODATION WITHIN THE SITE OF THE FUTURE CONSULATE-GENERAL, IT SEEMS INEVITABLE THAT THEY WILL BE REGARDED BY THE CHINESE AS PART OF THE OFFICIAL BRITISH PRESENCE IN THE SAR. WE IMAGINE THAT THEIR HEAD OFFICE DOES NOT CONSIDER THAT THEY SHOULD BE PART OF THE CONSULATE-GENERAL ENJOYING CONSULAR PRIVILEGES AND IMMUNITIES. BUT IT CANNOT BE RULED OUT THAT THE CHINESE MIGHT INSIST ON THIS IF THEY ARE TO ENJOY PART OF PREMISES GIVEN ON FAVOURABLE TERMS BY AN AGREEMENT IN THE LAND COMMISSION. IT WOULD SEEM WISE THEREFORE TO DELAY FURTHER CONSIDERATION OF THEIR STATUS UNTIL DISCUSSIONS WITH THE CHINESE ON THE CONSULATE- GENERAL HAVE TAKEN PLACE.
7. YOU MAY WISH TO PASS THE ABOVE TO THE COUNCIL'S HEADQUARTERS. WOULD OF COURSE BE INTERESTED IN THEIR REACTIONS.
FORD
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HKD
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23
DISTRIBUTION
23
CRD
CONSULAR
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