CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 2387
OF 310323Z JULY 90
3
YRTELNO 884:
HKC
CONFIDENTIAL
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Copied to Mr Sharpe ERD No comments.
014006
MDLIAN 9563
Rar.
31 JUL 1990
Y
TOP COPY
Q DIST?
HONG KONG: LOCALISATION OF LAWS RELATING TO IMF, IBRD, IFC AND IDA
1. THANK YOU FOR THE ADVICE IN TUR. THERE ARE STILL A NUMBER OF
POINTS ON THE LEGISLATION ON WHICH WE WOULD BE GRATEFUL FOR FURTHER ELUCIDATION FOR THE PURPOSE OF PREPARING DEFENSIVE MATERIAL, AS FOLLOWS:
(A) WE NOTE YOUR ADVICE IN PARA (A) OF TUR THAT THE INCLUSION IN
THE UK ORDERS OF SECTION 7 OF THE ARTICLE ON STATUS, PRIVILEGES AND IMMUNITIES IN THE RESPECTIVE ARTICLES OF AGREEMENT MAY BE
UNNECESSARY OR INAPPROPRIATE. BUT FOR THE PURPOSE OF PREPARING DEFENSIVE MATERIAL, WE WOULD LIKE TO HAVE A CLEAR UNDERSTANDING OF THE PHRASE 'THE OFFICIAL COMMUNICATIONS OF OTHER MEMBERS' IN THAT
SECTION. 'OTHER MEMBERS' OBVIOUSLY MEANS THE OTHER MEMBER STATES OF THE ORGANISATIONS. BUT DO THEIR 'OFFICIAL COMMUNICATIONS' IN THIS
CONTEXT INCLUDE THE OFFICIAL COMMUNICATIONS OF DIPLOMATIC AGENTS OR ONLY THOSE OF COMMERCIAL OF FINANCIAL AGENTS? IN THE FORMER CASE, PRESUMABLY THE RESULT WOULD BE THAT THE SCOPE OF THE PROTECTION AFFORDED BY SECTION 7 WOULD BE THE SAME AS THAT AFFORDED BY ARTICLE
27 OF THE 1961 VIENNA CONVENTION ON DIPLOMATIC RELATIONS. IN THE LATTER CASE, PRESUMABLY NO SPECIAL PROTECTION IS GIVEN IN THE U K TO THE COMMUNICATIONS OF COMMERCIAL OR FINANCIAL AGENTS OF OTHER GOVERNMENTS AND THEREFORE SECTION 7 WOULD NOT REQUIRE SPECIAL PROTECTION TO BE GIVEN TO THE COMMUNICATIONS OF THE FOUR
INTERNATIONAL FINANCIAL ORGANISATIONS.
(B) THE TEXT OF THE RELEVANT ARTICLE IN THE SCHEDULES TO EACH OF
THE ORDERS OMITS SECTIONS 8(II) AND (III). GRATEFUL TO KNOW THE REASON FOR THIS OMISSION. ALTHOUGH IT IS LIKELY TO BE THE SAME AS THAT FOR THE OMISSION OF SECTION 7 STATED IN PARA (A) OF TUR, WE WOULD BE GRATEFUL FOR YOUR CONFIRMATION.
(C) ARTICLE IX OF THE IMF ARTICLES OF AGREEMENT CONFERS IMMUNITY
FROM SUIT AND LEGAL PROCESS ON, INTER ALIA ADVISERS OF ANY OF THE GOVERNORS, EXECUTIVE DIRECTORS ETC. BUT SI 1977/825 DOES NOT COVER 'ADVISORS'. GRATEFUL IF YOU COULD EXPLAIN THIS OMISSION.
CW 2075
2074
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CONFIDENTIAL
Mr
fainty
Please pursue with legal
advisert.
Pru
6/8.
(Peter Materworth)
i