Reference
From: Ms D L Brookes
Assistant Legal Adviser K 158 270 3068
Date: 7 February 1992
Mr Wallis Protocol Dept
ASIAN DEVELOPMENT BANK: PRIVILEGES AND IMMUNITIES: MEETING IN HONG KONG
I see no problem with the proposal by the Hong Kong Government to accord privileges and immunities, as specified in Article 55 of the Agreement Establishing the Asian Development Bank, on the occasion of the 25th Annual Meeting of the Board of Governors of the Bank.
2 The proposal also seems to be that for those participants falling outside Article 55 limited privileges will be accorded on an administrative basis although these will not extend to official act immunity as envisaged in Article 55(i).
As you know we do grant some very limited privileges on an extra-statutory basis although we do try to avoid giving
we are under an obligation to notify Parliament of the granting of any extra-statutory privileges Therefore in relation to the meeting of the Board of Governors of the Bank it is for the Hong Kong Government to decide on a policy basis whether they wish to grant privileges on an administrative basis to participants falling outside Article 55. I doubt whether they will get any more than is given in Article 55(ii) and (iii) and on that basis they will receive exemption from immigration control and the same treatment in respect of travelling facilities as is accorded to representatives officials and employees. The main concern we would have if the meeting was held in the UK would no doubt be the exemption from immigration control. I note that in respect of the travelling facility this is not given effect to in the Asian Development Bank (Immunities and Privileges) Order 1966 and therefore must be given effect administratively here.
privileges in that way; additionally
•
3. We do not, of course, know what privileges will be granted on an administrative basis and subject to the points I have made above I do not see that we should be too concerned with the proposed course of action by the Hong Kong
Government.
Dima Broker
Diana Brookes
CODE 18-77
DBSACA
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