1 April 1993
CONFIDENTIAL
Mis Bioche
1) copy
to this
2) pa
214 naj
HILD 406/5.
Mr S Wright
UKRep Brussels
RF
06 APF 1993
سعود
Dear Stepem,
!
*40
Foreign & Commonwealth
Office
London SWIA 2AH
Telephone: 071-
214 nust
45
270 2289
the Bones. Jones
Mr
Wogstrow 1/4
Thanks
EC DELEGATION OFFICE IN HONG KONG
1. We have been considering with the Director of Protocol in Hong Kong how we might best put together a package of privileges/immunities which would be acceptable to the Commission and so allow the speedy opening of the office. Hong Kong are actively considering ways of bridging some of the gaps between what is available under CAP 190 and CAP 259 (the Consular Relations Ordinance) administratively, although they are not yet in a position to make any firm commitments.
2. A comparison of the Commission requests with what is available under CAP 190 and to Consulates shows that, on the major question of immunity, both CAP 190 and CAP 259 grant immunity from suit and legal process on the office;
inviolability of official archives and premises; and immunity in respect of acts performed in the exercise of official functions, (but no immunity for family members of staff). This should not therefore be an issue.
3.
There are certain Consular privileges which it may prove possible to grant administratively. However, Hong Kong have stressed that they will need to consider these further before offering concessions. The most obvious issue is inviolability of the bag.
Other areas for consideration might include:
Exemption from airport departure tax.
Exemptions regarding social security, public service and
immigration restrictions.
Right to use flag/emblem.
Full facilities for performance of functions of the office.
4.
However, some Consular privileges cannot be provided by administrative action and would require legislation: Hong Kong have ruled out going down this path, and it would be unreasonable to press them to do so. The main items are:
Immunity from liability to give evidence concerning matters
Ref:acon/MISC/0104.HK2
CONFIDENTIAL