CO129-595-8 United Nations Relief Rehabilitations Administration Supplies 10-5-1946 - 1-1-1947 — Page 14

22. From Foreign Office

21/10/460

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The Foreign Office agreed with the draft of our telegram at (21) in which we recommended to the Governor that U.N.R.R. A. staff in Hong Kong should not be granted tax exemption, but in (22) they have completely gone back on that and now say that their Legal Adviser is of the opinion that we are legally bound to grant the same immunity in British territories as in the U.K. They therefore ask us to recommend to the Governor that the necessary enabling legislation should be enacted in Hong Kong as soon as possible.

The last paragraph of Mr. Watts' minute of 14th August gave a pointer as to the desirability of confirming the position with the Foreign Office' Legal Advisers and the draft of my letter at (16) was intended to ensure that this was done.

The Governor has no doubt acted on the suggestion in the last paragraph of (21) and (22a) is no doubt the result. It will be a little embarrasing to him to have to reverse his position with the Acting Director of U.N.R.R.A. but, if the Foreign Office view is accepted as correct, I do not think we have any alternative but to put the request to him.

4. lute

27.10.46

1.

2.

* See lão Agreement for

UN R.R.A." Article I para. 2(c), (Tecaty Series No. 3 (1943): Cind. 6491)

Mr. Roberts-Wray

I think you should see these papers. (15), (16),

(20), (21) and (22) are relevant.

X

The diplomatic privileges and immunities enjoyed

by U.N.R.R.A. depend originally upon Resolutions 32

to 36 of the Council of U.F.R.R.A. at its first

session. (Published as Miscellaneous No. 6 (1943):

Cmá. 6497). These Resolutions, although they are

merely recommendations to member governments and,

therefore, create no legal liability to grant the

privileges and immunities specified, do, in my

opinion, put member governments under a moral

obligation to grant such privileges and immunities

where there are not special reasons for not doing so.

H.M. G., in pursuance of these Resolutions, granted

privileges and immunities to U.N.R.R. A. in this country by the Diplomatic Privileges (U.N.R.R.A.) Order in Council, 1945 (S. R. & 0. 1945, No. 79) made under

the/