TNAG-1492-FCO40-2050-Future-of-Hong-Kong-General-Agreement-on-Tariffs-and-Trade-(-1986 — Page 8

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(SQUARE BRACKETS BEGIN) DETAILS OF ENTITLEMENTS UNDER ARTICLE #V

(SQUARE BRACKETS END)

"IT WILL BE SEEN THAT THESE PRIVILEGES AND IMMUNITIES WOULD

*INCLUDE INVIOLABILITY FOR ALL THE PAPERS AND DOCUMENTS OF THE HONG

KONG REPRESENTATIVES TO GATT. THIS ATTACHES TO THEIR PAPERS WHETHER THEY ARE IN BRIEF CASES, IN CARS, IN OFFICES OR INDEED

WHEREVER ELSE THEY MAY BE.

IN MY VIEW, THEREFORE, THE HONG KONG REPRESENTATIVES AND THEIR PAPERS WILL ENJOY THESE PRIVILEGES AND IMMUNITIES, IRRESPECTIVE

OF WHETHER THE HONG KONG OFFICE REMAINS PART OF THE UKMIS OR

BECOMES A SEPARATE OFFICE, AND IRRESPECTIVE OF THE EXACT TITLE WHICH

MAY BE CHOSEN FOR IT.

ON THE OTHER HAND, ALTHOUGH THE HONG KONG REPRESENTATIVES AND

THEIR PAPERS ARE THUS COVERED, ANY OFFICE ACCOMMODATION SEPARATE FROM THAT OF UKMIS GENEVA WOULD NOT ITSELF BE INVIOLABLE, BECAUSE

ARTICLE UM OF THE AGREEMENT ONLY CONFERS SUCH IMMUNITY ON THE

'PREMISES OF THE UNITED NATIONS'. THE APPLICATION OF THIS PROVISION

BY ANALOGY TO THE GATT IS NOT ENTIRELY FREE FROM DOUBT SINCE,

UNLIKE THE UNITED NATIONS, THE GATT IS NOT AN INTERNATIONAL ORGANISATION AND HAS NO INTERNATIONAL PERSONALITY, OR LEGAL

CAPACITY SEPARATE FROM THAT OF THE CONTRACTING PARTIES. HOWEVER, THE

CLOSEST ANALOGY SEEMS TO BE THE PREMISES OCCUPIED BY THE GATT

SECRETARIAT. DO NOT BELIEVE IT COULD BE CONVINCINGLY ARGUED THAT

THE ANALOGY EXTENDS TO SEPARATE PREMISES OCCUPIED BY THE HONG KONG

REPRESENTATIVES TO THE GATT.''

**THE RESULT THEREFORE APPEARS TO BE THAT THE SWISS AUTHORITIES

COULD EXERCISE ANY LAWFUL POWERS THEY MAY HAVE TO ENTER AND SEARCH

THE SEPARATE HONG KONG OFFICES, BUT COULD NOT SEARCH OR SEIZE ANY

PAPERS.''

4. AS REGARDS INVIOLABILITY OF THE OFFICE WITH RESPECT TO PAPERS

NOT RELATING TO GATT. BURROWS POINTS OUT:

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