Ms Conroy

ECDE

Reference

RESTRICTED

2

EC DELEGATION OFFICE IN HONG KONG

1.

I asked Mr Leung, Private Secretary to Mr Patten, to let me know how the exchanges had gone in Brussels on this subject.

2.

Mr Leung tells me that the Governor had two main conversations on the subject. One was during a meeting with Mr Brittan, the other was during a meeting with Mr Delors. The Hong Kong side had originally been told that Mr Brittan was prepared to accept that the EC office should be set up in accordance with CAP 190 plus an undertaking by Hong Kong to look at administrative measures to improve the position of the office in certain areas. The Hong Kong side could have gone along with this. However, Mr Brittan spoke to a brief (he handed over his speaking note) saying that the delegation would require privileges and immunities accorded by CAP 259

(the Consular Ordinance) bolstered by administrative arrangements in certain areas. Mr Brittan made a further. point; he requested that the Hong Kong Government undertake to work towards a more stable situation post-1997 (the formula was left vague). Mr Patten explained that this was not possible, deploying the various arguments with which we are familiar.

3. Mr Leung's impression (bolstered I believe by UKREP Brussels) was that Mr Brittan's presentation did not reflect his actual position. Mr Brittan had been over-ruled by Mr Delors.

4. Mr Delors made the same points and Mr Patten went over the reasons why it was not possible to apply CAP 259 to the EC- delegation and its offices in Hong Kong. The main reasons were (i) that Hong Kong, not being a sovereign state, did not have the power to accord this status to anything other than the representation of a sovereign state and (ii) that making. special arrangements for the EC delegation would require consultation with Peking. (These would be time consuming and a positive outcome would not be assured).

5.

Mr Patten said that the Hong Kong Government proposed to apply CAP 190 to the EC delegation and to look at the scope for the application of administrative measures in various areas (these were not discussed in detail at the meeting). asked the EC to provide a list of the privileges and

He

conslet.NAT.

SL

CODE: 18-77

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