3
From:
Rx R
Miss S Brooks
Legal Counsellor
513115
28
Date:
4 March 1993
HICD 406/5
cc1
R:
2 2 MAR 1993
Mr Eaton, Deputy Legal
Adviser
Ms D Brookes, Assistant
Legal Adviser
Mr Quayle, ECD (E)
Ms Barnes Jones
HKD
NU
EC DELEGATION OFFICE IN HONG KONG
1.
√24
The first point to make is that the EC Treaties do not apply to Hong Kong. I agree wholeheartedly with the analysis set out in Hong Kong telno 319 of 26 February. As I understand it, the Commission rather than the Community is proposing to establish a delegation office in Hong Kong. In other words, it would not be an international organisation as such which would be setting up the office, but an organ of that international organisation. Having said that, this may not make any difference in practice provided the necessary privileges and immunities can nevertheless be conferred under the International Organisations Ordinance, Cap.
2.
190.
On the specific areas on which you would welcome advice (paragraph 6 of your minute of 24 February) my comments are as follows.
i)
ii)
It
Your sub-paragraph (a). The privileges that the EC office should enjoy cannot be compared with the privileges enjoyed by the Chinese JLG delegation. is specifically provided in the Joint Declaration, Annex 2 that "Members of the Joint Liaison Group shall enjoy diplomatic privileges and immunity as appropriate when in the three locations." Hong Kong is one of the three locations. It would be wholly inappropriate for Commission officials to have diplomatic privileges and immunities. Nor indeed should they have the same privileges and immunities as consuls. The EC is an international organisation and Commission officials should be given the privileges and immunities under Hong Kong law enjoyed by officials of other international organisations present in Hong Kong.
Your sub-paragraph (b). I agree with Hong Kong that the privileges and immunities of international organisations as set out in Cap 190 would be the appropriate ones to confer on the Commission.
I see no
/justification
1