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12. But the budget for new Commission offices overseas is severely stretched: although physical preparations are far advanced, the Commission may pull out and allocate the funding elsewhere.
13.
As for the situation post-1997, Hong Kong say that they can give no guarantees and are unwilling to raise the issue with the Chinese at this stage. The outcome of this is unpredictable, but could run contrary to the original objective of establishing an office which would retain its position as a concrete reminder of Hong Kong's economic autonomy.
14.
The establishment of the Office would have a real symbolic value, in addition to the practical trade arguments in favour of the EC being represented. The UK has been the driving force all along. Having pushed matters to this stage, it would be worth encouraging Hong Kong to make a last attempt to agree such administrative measures as they can to approximate the privileges and immunities requested by the Commission.
15.
Delors
Negotiating via letters between the Governor and M. is not the most effective way to cut a deal. The chances of success would be higher if negotiations were conducted face to face by lower profile representatives empowered to take decisions. Hong Kong are trying to put together a delegation to visit Brussels before the Commission shuts down for August. should not press them to bow to the Commission's more unreasonable demands nor to accept any requirement for legislation (which is patently unrealistic), but with maximum flexibility on both sides agreement may prove possible.
Anneli Conroy
We
ASIA-PACIFIC/1207.HKsub
Anneli Conroy
4
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1.
2.
I saw this submission in draft, and agree with it.
The files indicate that this is the first time when this
I therefore issue has been brought to Ministerial attention. asked Miss Conroy to spell out more of the history than would be normal in such a submission.
3.
There are advantages in having an EC office in Hong Kong, both because the territory is a major regional economic centre (and a better investment of Commission time eg than their office already set up in Manila) and because it is useful that the EC should have direct experience of the blend of British-sensitive economic, commercial and political factors at play as Hong Kong moves up to and beyond 1997.
4. The UK has acted as marriage broker over the five years during which the Commission has been considering the question. The recommendation is that we should continue to play this role
This and should urge both sides to seek realistic common ground. means that the Commission will have to drop their more extravagant requests for privileges and immunities for their personnel. We have just learned that a delegation from Hong Kong would be ready to meet the Commission in Brussels on 29/30 July, so there is clearly interest in progress on the HK side.
J M Macgregor
Privileges and immunities
the Commission and to be granted requested by
the office of the Commission in Hong Kong, its staff and their family members
to
COMMISSION LIST
Legal personality of the EC
on the
territory of Hong Kong
Capacity to conclude contracts, acquire and dipose of immovable and movable property
office premises, Of Inviolability inviolability of residents
archives
and
documents
and
Exemption
Izom taxation of office
premises and residences
Freedom of movement
Freedom of communication,
including use of diplomatic pouch
Protection and personal inviolability.
Immunity from jurisdiction
Exemption from registration
of aliens, residence and work permits
Exemption from social
security
Exemption from texation, customs
duties and inspection
Exemption from personal services and contributions
Determination of beginning and end
of privileges
and immunities
of
Recognition of the laisser-passer and use of flag and emblan
the EC
Exemption from duty to give evidence
61stuFe concerning
mamber of his/her
the estate of a member family.
of the office
ox of a
Determination
of
permanent residents
privileges of Hong
2nd
Kong
of immunities
employed by
nationals
OF
the
Commission
office:
TOTAL P.06