RESTRICTED
FM FCO
TO PRIORITY HONG KONG
TELNO 1436
OF 06130OZ AUGUST 91
RESTRICTED
HKC370/2
AUD 1991
12)
160126
MDLOAN 9742
TOP COPY Q DIST?
Rac$718
JLG
INFO ROUTINE PEKING, UKREP JLG HONG KONG
YOUR TELNO 2371: LOCALISATION OF LAWS: ARBITRATION
1. YOU ARE RIGHT TO POINT OUT THIS ANOMALY IN THE UK LEGISLATION RELATING TO THE IMMUNITIES ENJOYED BY ICSID AND OTHER
ORGANISATIONS.
2. WE ARE UNABLE TO OFFER A DEFINITE EXPLANATION OF THIS: IT IS
POSSIBLE THAT THERE WAS AN OVERSIGHT, OR ALTERNATIVELY THAT IT WAS CONSIDERED UNNECESSARY TO AMEND THE ARBITRATION
(INTERNATIONAL INVESTMENT DISPUTES) ACT 1966 DESPITE THE FACT THAT WE ACKNOWLEDGED THAT OUR INTERNATIONAL OBLIGATIONS REQUIRED
US TO PROVIDE RELIEF FOR THE INTERNATIONAL ORGANISATIONS COVERED
IN THE 1976 ORDER. ICSID HAVE NO OFFICE OR STAFF IN THE UK AND NONE OF THEIR FUNCTIONS ARE CARRIED ON HERE. THERE WOULD THEREFORE HAVE BEEN NO PRACTICAL NEED FOR SUCH A NEW PROVISION.
3. IN THIS SITUATION WE SEE NO MERIT IN YOUR FOLLOWING THE UK PRECEDENT. IT WOULD APPEAR THAT THE STRICT IMPLEMENTATION OF THE UK'S OBLIGATIONS UNDER THE 1965 WASHINGTON CONVENTION WOULD REQUIRE YOU TO INCLUDE PROVISION IN YOUR LEGISLATION FOR RELIEF TO ICSID FROM FIRST REGISTRATION TAX ON MOTOR VEHICLES.
CHALKER
YYYY
ΜΑΙΝ
60
.HONG KONG AGREEMENT
(RESTRICTED)
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DISTRIBUTION
64
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