Mr Bunten,
Hon Kong Dept
20/10
Нив ого
1
Ma
FROM: Miss S Brooks
Legal Advisers
DATE: 11 December 1991
cc: Mr Walford, LES
UNIVERSITY INSTITUTIONS IN HONG KONG
1.
We spoke just now about this matter. You kindly agreed to fax the attached material to Hong Kong for their comments.
2. The Royal Charter incorporating the Association of Commonwealth Universities requires all Members, Associate Members and Additional Members to be "situate within the Commonwealth" (see paragraph 4 of the Charter). Paragraph 7 provides that a Member, an Associate Member or an Additional Member which ceases to be situate within the Commonwealth shall cease to be such a member. The Statutes of the Association (in the Third Schedule of the Charter), paragraph 1, sub-paragraphs (1) and (4) have similar provisions as regards Members and sub-paragraph (5) provides for the termination of an Associate or Additional Member's status when the country in which it is established ceases to be in the Commonwealth.
3. Six Hong Kong universities or higher education institutions are members. Clearly they will cease to be members on 31 June 1997 when Hong Kong ceases inter alia to be part of the Commonwealth unless the Charter and Statutes are amended. This is possible under paragraphs 13 and 16 of the Charter. The Association has plans to amend the Charter and its suggested wording would appear to allow the Hong Kong members to continue their membership despite Hong Kong's disappearance from the Commonwealth. It will also need to amend the Statutes.
4. However, this is not really a matter for HMG at all. The Association is non-governmental. The continued membership of Hong Kong institutions is not an issue which would fall to be discussed in the IRO sub-group with the Chinese.
5. I intend to send the attached draft letter to Mr Deney, Clerk of the Privy Council. I would be grateful for your comments before I send it out.
36
HR3AAP
Shelagh Brooks.
Miss Shelagh Brooks