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RECEIVE
406/3
- 7SEP 1993
DESK OFFIC
INDEX
Be Barnes Jones Au Branton
24/9
Mr Ricketts
HKD
Mr Gee
tile please nostola.
92.
copied to
From: Miss S Brooks
Legal Counsellor Anneli convoy:
Date:
discussed the
3 September 1993
CC: Mr Bunten, HKD
with
impasse her. She will minute.
OFFICE OF THE EUROPEAN COMMISSION IN HONG KONG
I would
I
I
1. Before the Hong Kong Government can enter into an international agreement, an entrustment from the UK will be required. I do not think that so far we have given Hong Kong any entrustment relating to privileges and immunities; be most grateful if Mr Bunten, to whom I am copying this letter, would check his entrustments file. If none has previously been given, I will draft the necessary document. would also be most grateful if Mr Bunten would kindly provide me with a copy of the International Organisations and Diplomatic Privileges Ordinance, Cap 190. Mrs Regina Ip's letter of 1 September 1993 states that an international agreement is required by section 2 (1) of that Ordinance. would like to check the wording of section 2(1) to see whether the wording excludes the possibility of an arrangement. Unless the Ordinance requires an international agreement to be entered into, the exchange of letters between the Government and Hong Kong and the European Commission could take the form of an arrangement since, apart from any requirement under the Ordinance, there would be no need to have an international agreement rather than an arrangement. An arrangement (non-binding) would not require an entrustment to be given to the Hong Kong Government.
2.
The draft Exchange of Letters is intended to be between the Government of Hong Kong and the Commission of the European Community. The Commission has no legal personality of its own. It is merely an organ of the Community. It is the Community which enjoys legal personality (see, for example, Article 210, EEC) and has the capacity to enter into treaties. The agreement would have to be between the Government of Hong Kong and the European Community (although a Commission representative could, if authorised to do so by the Council, sign it). Accordingly, it is necessary to make some changes to the letter from the Governor of Hong Kong to the President of the Commission. In the second paragraph, the words "Commission of the European Communities" should be replaced by "the Community" and the two references to "the Commission" in that paragraph should be replaced by "the Community" (but see paragraph 3 below). Similarly in the letter from the President of the Commission to the Governor of Hong Kong, it will be necessary to make corresponding changes in the paragraph beginning "I have the honour"
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