TNAG-1153-FCO40-1433-Relations-between-Hong-Kong-and-international-organisations-1982 — Page 37

James L Carlin Esq

Dilector

Mustion

2718

UNITED KINGDOM MISSION og

37-39 rue de Vermont, 1202 GENEVA

Telex: 22956

Telegrams: Prodrome, Geneva Telephone: 34.38.00, 33.23.85

Intergovernmental Committee for Migration

16 avenue Trembley

CH - 1211 Geneva 19

I hope

Concludes

20 August 1982

HAK 022/5 PA

CGE

2.9

27/8

See HHKO22/1

π AF27/18

1983

Dear Mr Carlin,

Thank you for your letter to my Ambassador of 18 August, which you mentioned to me that evening, about the legal status of ICM in Hong Kong. I am glad to note from this letter that you are now content about the solutions which have been found to the practical problems raised in your letter of 21 May, and thank you for your expressions of satisfaction.

As I mentioned to you on the evening of 18 August, we had just received instructions from London about a detailed reply to your letter of 21 May, which I now add. I deal first with the two specific problems raised by your Regional Representative, Mr Thomas Lamb, and then with the wider issue you raised.

On the first specific problem, that of salaries tax, the emoluments of ICM's international staff in Hong Kong have in the past been exempted from tax and the Hong Kong Commissioner of Inland Review has now confirmed that this practice will continue.

On the second, that of jury service, the Hong Kong Registrar has in the past used his discretion to exempt members of ICM's staff who have received jury summons. These exemptions were made in response to statements by your Representative that the uninterrupted services of the person in question were necessary for the efficient functioning of your organisation. In the particular case of Mrs Lamb, however, Mr Lamb claimed that ICM was an international organisation enjoying the same privileges as those granted to the Specialised Agencies of the United Nations by virtue of the UN Convention of 21 November 1947. On the Registrar replying that he was bound by the Jury Ordinance and could not agree to the total exemption of officials of ICM and their families, it transpired that Mrs Lamb was not in Hong Kong when the summons was received and would still be away from Hong Kong for the period for which she was summoned, in which circumstances exemption is of course given.

Hong Kong allows ICM the rent-free use of valuable premises in Hong Kong. The Hong Kong authorities will do their best to resolve by administrative actions any problems which you may have in the future over privileges and immunities. They do not believe that the lack of formal immunity has caused difficulty in the past

/and