TNAG-1153-FCO40-1433-Relations-between-Hong-Kong-and-international-organisations-1982 — Page 58

布政司署 港下亞

畢道

C Entr

本署檔號 OUR REF: (190) in COU 8/4821/52

來函檔號 YOUR REF:

川に比

MEK 022/5

GOVERNment SECRETARIAT

LOWER ALBERT ROAD

HONG KONG

Mr. Edgar Pt.

2 Mr. Hoare pl consider

next achin

13 JUL 1982

12/7

6th July 1982

Dar Clift No

CGE

Sle

23

Hong Kong and Inter-Governmental

Committee for Migration (ICM)

13

Would you please refer to Christopher Long's letter of 27 May 1982 (to which Robin McLaren's teleletter of 26 June was an interim reply)?

2.

attached to (13

20

As you will see from my comments below on Mr Carlin's letter of 21 May, we already do a good deal for ICM by way of administrative discretion.

3.

Mr Carlin's paragraph 2: as stated by Lord MacLehose, under our existing legislation (the International Organisations and Diplome tic Privileges Ordinance (Cap 190)) we can only extend privileges and immunities to international organisations of which Hong Kong or the United Kingdom is a member. (The adjective

"full" in Lord MacLehose's letter is perhaps open to question, having in mind the very limited range of privileges and immunities which e.g. the UNHCR represen- tative enjoys under Cap 190: for instance, he has no personal privilege of duty free importation, and his immunity from the jurisdiction applies only while exercising his functions and from words or acts written or done in the exercise of his functions.) As there is no early prospect of the United Kingdom rejoining or Hong Kong joining the ICM, we could only grant ICM a special local status by legislating ad hoc. It would probably be difficult to persuade the Legislative Council that it was necessary to enact special legislation for ICM, in the absence of any international agreement requiring this or any indication that ICM was handicapped by its absence.

4.

As

Mr Lamb has raised two specific points: Salaries Tax and jury service (Mr Carlin's paragraphs 4 and 5). regards Hong Kong Salaries Tax, the emoluments of ICM's international staff have in practice been exempted, and the Commissioner of Inland Revenue has confirmed that the y will continue to be exempted.

/ 2 ....

2