For decision
CONFIDENTIAL
on 20 March 1990 NKC 031/4.
66
-GISTRY
- 9 APR 1990
Blue Vol. XXXX (23)
XCX (90) 27 Copy No..
MEMORANDUM FOR THE EXECUTIVE COUNCIL
1 ACTION Token
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for
Privileges & Immunities (Joint Liaison Group &
Land Commission) Ordinance (Chapter 36)
Chinese RG offive
fm 1915
PRIVILEGES & IMMUNITIES (JOINT LIAISON GROUP & LAND COMMISSION) (AMENDMENT) BILL 1990
THE PROBLEM
The Privileges and Immunities (Joint Liaison Group and Land Commission) Ordinance grants privileges and immunities to the Chinese members, experts and supporting staff of the Joint Liaison Group (JLG) while they are in Hong Kong. It also grants privileges and immunities to the members and supporting staff of the Land Commission. At present, dependants of these officials are not covered by the Ordinance and are therefore not entitled to any privileges and immunities while in Hong Kong. This does not accord with the practice adopted in the United Kingdom and China.
RECOMMENDATION AND ADVICE SOUGHT
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It is recommended that the Privileges and Immunities Liaison Group and Land Commission) (Amendment) Bill 1990, as annexed, should be introduced into the Legislative Council.
(Joint
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Members will be asked to recommendation should be approved.
advise whether this
BACKGROUND AND ARGUMENT
Background
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Annex ΙΙ to the Joint Declaration stipulates that members of the JLG shall enjoy diplomatic privileges as appropriate while in Peking, London and Hong Kong. As a result, the Privileges and Immunities (Joint Liaison Group) Ordinance was enacted in May 1985 to grant diplomatic privileges and immunities in Hong Kong to Chinese members of the JLG. Following an Exchange of Notes between the British and Chinese Governments in July of the same year, the Ordinance was amended (and retitled) so as to extend similar privileges and immunities to experts and supporting staff of the JLG as well as to Chinese
CONFIDENTIAL
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