30-JAN-1992
16:42
BRITISH TRADE COMM
BRITISH TRADE COMMISSION IN HONG KONG
9th Floor Bank of America Tower 12 Harcourt Road Hong Kong Mail Address GPO Box No 528 Hong Kong
P.01
HKD 406/1
Telex HX 73031 Cabic Address Uktrade Hong Kong Telephone 5-230176 Fax 5-8452870
(15)
Your reference
Our reference
Date 30 January 1992
Fax No 868 4457
J Hughes Esq
Government Land Agent
Lands Administration Office
2 & 3/F Murray Building
Garden Road
Hong Kong
Quor Vim.
FUTURE CONSULATE-GENERAL:
PROPOSED PRIVATE TREATY GRANT
I had hoped to have a further word with you this morning about your letter of 23 January, but you were at a meeting, hence this letter.
The
As we explained at our meeting on 21 January, the Foreign and Commonwealth Office (FCO) see a need to take much more account in the Treaty Grant that we jointly agree of the diplomatic status of the premises and the circumstances after 1997. purpose in seeking the specific addition to Clause 42 in the Special Conditions was to mitigate the risks particularly in Clauses 11, 12 and 13 of the General Conditions which, as they stand, compromise the inviolable status of a diplomatic premise. We had assumed, perhaps incorrectly, that the Special Conditions were the means through which the General Conditions could be qualified and extended and that the simplest and most satisfactory way of reducing the risks was to include an additional sub-clause to Clause 42 of the Special Conditions. The letter of comfort you have in mind would have to be very tightly worded to achieve the same guarantee and, although I have not consulted others yet on this matter, I would imagine that the letter of comfort would have to form part of the Private Treaty Grant. Is this what you had in mind?
We also discussed the significance of international agreements in this regard and specifically whether the Vienna Convention on Diplomatic Relations which has been ratified by the UK - has precedence over local laws in Hong Kong. Did you have a word with your legal advisers on this point?
I aim to send something off to London by close of play today so a word or a meeting this afternoon with Russ Jarvis and myself would be very helpful.
Your
aucenery ми
Slatter
J'Smith-Laittan
bec: Mr John Morris, HKD,FCO Fax No. 071 270 3387
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