CONFIDENTIAL
052444
MDLIAN 7041
CHINESE ATTENTION. ALSO, ENACTING LEGISLATION WHICH GRANTED TO THE OFFICE THE LEVEL OF PRIVILEGES AND IMMUNITIES ENVISAGED BY THE EC MIGHT INVITE SOME LEGISLATORS TO QUESTION WHY FULL DIPLOMATIC PRIVILEGES AND IMMUNITIES WERE NEEDED. FROM A POLICY POINT OF VIEW IT WAS DIFFICULT TO SEE HOW SUCH PRIVILEGES AND IMMUNITIES COULD BE JUSTIFIED AS FUNCTIONALLY NECESSARY.
9 .
BORRELL MET A REPRESENTATIVE FROM OUR ECONOMIC AND TRADE OFFICE IN BRUSSELS LAST WEEK. HE REITERATED HIS DIFFICULTIES WITH CAP.190 AND FLOATED A NEW APPROACH, NAMELY THAT INSTEAD OF WORKING ON THE DRAFT LIST OF PRIVILEGES AND IMMUNITIES PASSED TO US, THE PRIVILEGES AND IMMUNITIES GRANTED TO EC MISSIONS IN OTHER PLACES INCLUDING CHINA SHOULD BE USED AS A BASIS FOR THE PRIVILEGES AND IMMUNITIES FOR THE EC OFFICE IN HONG KONG. HOWEVER, HE ALSO INDICATED THAT THE EC WAS REFLECTING FURTHER ON WHETHER CAP.190 WOULD BE ACCEPTABLE AS AN INTERIM MEASURE.
COMMENTS
10. THE EC OFFICE CANNOT HAVE DIPLOMATIC PRIVILEGES AND IMMUNITIES BECAUSE HONG KONG CAN ONLY HAVE CONSULAR-TYPE RELATIONS.
11.
THE ONLY PRACTICAL WAY FORWARD IS FOR THE EC TO BE GRANTED PRIVILEGES AND IMMUNITIES UNDER CAP.190 UNTIL 30 JUNE 1997. IT SEEMS THAT BORRELL'S PROBLEM OVER THE TITLE OF CAP.190 IS MORE IMAGINED THAN REAL. PARAGRAPH 1 OF SECTION 2(1) OF CAP.190 REFERS ... ANY ORGANISATION ... OF WHICH THE GOVERNMENT OR GOVERNMENT OF ONE OR MORE SOVEREIGN POWERS ARE MEMBERS AND OF WHICH THE GOVERNMENT OF HONG KONG OR OF THE UNITED KINGDOM IS A MEMBER OR AN ASSOCIATED MEMBER .. '. THIS SHOULD COVER THE EC ALSO.
TO
12.
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NEW LEGISLATION IS EFFECTIVELY A NON STARTER, IT WOULD BE * VERY DIFFICULT TO JUSTIFY AND IT WOULD ENTAIL A LONG AND POSSIBLY COUNTER PRODUCTIVE PROCESS.
13. THE CHINESE ARE LIKELY TO TAKE THE VIEW THAT POST 1997 PRIVILEGES AND IMMUNITIES ARE A MATTER FOR THEM. WE CAN UNDERTAKE TO PRESS FOR THE CONTINUATION OF PRIVILEGES AND IMMUNITIES AFTER 1997 BUT WE CANNOT GUARANTEE THEM.
14 WE WILL NEED TO CONSIDER CAREFULLY HOW AND WHEN TO BROACH THE MATTER WITH THE CHINESE. IN PRESENT CIRCUMSTANCES IT IS MOST
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