Mr Furness HKD (WH 303)
Reference.
Whiz Coll
Tel-rest
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From: Ms D Brookes
dviser
my
卟
Assistant Lega Adviser
K 158 270 3068
Date: 19 February 1992
CC: Mr Walks
Protocol Dept.
ASIAN DEVELOPMENT BANK: PRIVILEGES AND IMMUNITIES: MEETING IN HONG KONG
ok.
deleted
CODE 18-77
11
1.
You have asked for my advice on a draft telegram to Hong Kong concerning the above matter. I am generally content with the paragraphs dealing with privileges and immunities although I wonder whether it is necessary to include the sentence concerning the granting of travelling facilities on an administrative basis. As I explained the position is that most privileges are given the force of law in the United Kingdom in relation to international organisations by means of Orders in Council made under the International Organisations Act 1968. However it is not always necessary to give the force of law to all privileges as some are of a purely administrative nature and do not involve any legal or financial obligations. Therefore there are those privileges which are given effect to administratively quite properly.
2. However there are also privileges which are given on an extra-statutory basis, not because they don't need the force of law, but because no legislation has been passed to give effect to them. So, for example, privileges which could be given the force of law by an Order in Council have not because they involve only one or two people or very small sums of money.
3.
In relation to the travelling facilities, these fall into the former category as a privilege not needing the force of law. This is something which will be provided
administratively as required. The alternative situation of granting a privilege on an extra-statutory basis would arise if we wanted for example to grant the privileges in Article 55 to persons falling outside those covered by Article 55.
4. In conclusion I think it is sufficient that you have mentioned in your telegram that some privileges are granted on an extra- statutory basis although we try to avoid doing this. I think it is useful to make reference to the fact that our main concern would be in relation to the exemption from immigration control. For the reasons set out above I agree that it might give rise to confusion to refer to the fact that the travelling facilities are given here on an administrative basis.
5. We do not have to inform Parliament of any privileges
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