Miss fuss
沁
19/5
Please submit to Mr. Morris
with Ms Barns Jones mint 913 May.
Mr. Moni's fi.
17/5
J. Woodrow
Ms Barnes Jones
HKD
17/5.
6
From:
Miss S Brooks
Legal Counsellor
Date:
14 May 1993
Copid to Mr Swage
29/6.
+ Mo
FUTURE CONSULATE-GENERAL IN HONG KONG:
1.
SPECIAL CONDITION 13
Your minute of 13 May to me suggests that the Chamber of Commerce would be invited to occupy space in the Consulate-General and would not pay rent. It would instead be merely asked to contribute on a pro-rata basis to the running and staffing costs of the Consulate-General.
2.
Unfortunately, as I explained to you earlier, I do not think this would avoid the need to obtain the prior written approval of the Director as required by Special Condition 13 of the Private Treaty Grant. It is true that an important consular function is furthering the development of commercial and economic relations between the sending State and the receiving State. Certainly the Chamber of Commerce would be able to assist the Consulate in trade matters. The Chamber will, however, be a separate body from the Consulate and its members will not be members of the consular post. These are defined in Article 1(1)(g) of the Vienna Convention on Consular Relations 1963 as "consular officers, consular employees and members of the service staff".
3.
It does not seem to me that there should be any difficulty in obtaining the prior approval of the Director. I think a good case can be made out for approval to be given because the Chamber of Commerce would be assisting the Consulate to develop trade between the UK and China.
Shelagh Brooks
HKD 406/11
2 OMA 1993
Shelagh Brooks
Page 105Page 106