TNAG-1546-FCO40-2110-International-Committee-of-the-Red-Cross-(ICRC)-proposal-to--1986 — Page 45

Mr Leeks

HKD WH 312

ICRC

Reference...........TXP

A

Layden.

That

alt refers. Draft Tels to FMX ch alt. I reflecting UN Dioral comments)

Taks. Sout

RECEI

ہے ہے نے

Huv. 250/3.

16 DEC 1986

ке

5/12

Ꭰ

INDE

JK

1. Your minute of 3 December to Tim Trevan refers.

2. I am not au fait with Hong Kong local legislation, but would imagine that the Ordinance to which you refer is something akin to our International Organisations Act 1968. This is primary legislation under which Orders in Council can be made extending privileges and immunities to international organisations in the

The Act itself defines the various types of organisations and what if any privileges and immunities may be accorded by HMG. The actual provisions result from negotiations and are normally embodied in a headquarters agreement (I would think this is what the ICRC mean by an "accord de siege").

UK.

3 I support your view that this is fundamentally a matter for

•

Hong Kong to decide (although naturally I would be happy to advise on what we might do in this country). One point to bear in mind however is the possibility that the ICRC, being a non-governmental body) may not qualify for privileges and immunities under the Ordinance. It would not appear to qualify under the International Organisations Act 1968.

CODE 18-77

4 December 1986

cc: Mr Trevan, UND

Mr Whomersley, Legal Advisers

Roi Milburn

Protocol Department 210 6800

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