TNAG-1661-FCO40-2309-Hong-Kong-localisation-of-shipping-legislation-1987 — Page 155

GRS 310

CONFIDENTIAL

FM HONG KONG

CONFIDENTIAL

TO PRIORITY FCO

TELNO 096

HKK.

175

12

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OF 10040OZ JANUARY 87

INFO PRIORITY PEKING

14 JAN 1987

•

YOUR TELNO 38: POST OF MARINE ADVISER

.....

TOP COPY Q DIST 7

WE HAVE INITIATED DRAFTING A NOTE FOR PEKING AS REQUESTED.

POINTS ARE RELEVANT WHICH MAY NOT BE CLEAR FROM OUR TELNO 4297:-

(A) CHAN'S APPOINTMENT AS PERMANENT REPRESENTATIVE NEED NOT NECESSARILY COINCIDE WITH HIM TAKING UP HIS POSITION AT THE HONG KONG OFFICE IN LONDON: AND

TWO

(B) ARTICLE 13 BIS 5 OF THE 1968 AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE INTER-GOVERNMENTAL MARITIME CONSULTATIVE ORGANISATION STATES THAT CITIZENS OF THE UK AND COLONIES SHALL NOT ENJOY ANY DIPLOMATIC PRIVILEGES AND IMMUNITIES. WE ASSUME THAT NOW MEANS BRITISH CITIZENS SHALL NOT ENJOY SUCH PRIVILEGES AND IMMUNITIES. WE ARE THEREFORE NOT PROPOSING THAT MR. CHAN HIMSELF (A BRITISH CITIZEN)

BE GRANTED SUCH PRIVILEGES AND IMMUNITIES.

?

·

2. AS REGARDS ANY FUTURE INCUMBENT, WHO MIGHT NOT BE A BRITISH CITIZEN, THE QUESTION WOULD ARISE AS TO WHETHER HE WAS A REPRES- ENTATIVE OF THE UNITED KINGDOM WITHIN THE MEANING OF ARTICLE 13

BIS 5. IN VIEW OF THE FACT THAT UP TO 1997 ANY SUCH REPRESENTATIVE

WOULD BE ACTING UNDER POWERS DELEGATED TO HIM BY THE UK, WE SUPPOSE

IT MIGHT BE ARGUED THAT HE WAS A REPRESENTATIVE OF THE UNITED

KINGDOM'', IN WHICH CASE HE WOULD NOT BE ENTITLED TO DIPLOMATIC

PRIVILEGES AND IMMUNITIES WHATEVER HIS NATIONAL STATUS WAS.

MOREOVER SINCE ANY CLAIM FOR SUCH A REPRESENTATIVE TO HAVE PRIVILEGES

AND IMMUNITIES MIGHT CAUSE DIFFICULTIES WITH THE CHINESE, AND SINCE WE SEE NO PRACTICAL NEED TO MAKE SUCH A CLAIM, WE DO NOT

PROPOSE TO DO SO AT THIS STAGE. IF WE COULD INFORM THE CHINESE OF

THIS FACT, IT WOULD NO DOUBT ALLAY THEIR FEARS. IT WOULD ALSO

REMOVE THE DIFFICULTIES IN PARA. 1(B) OF YOUR TUR.

3. THE HKSAR MIGHT OF COURSE WISH TO CLAIM PRIVILEGES AND IMMUNITIES FOR A REPRESENTATIVE TO IMO FROM THE HKSAR AFTER 1997, WHEN THE

ABOVE CONSIDERATIONS WOULD NOT APPLY.

4.

GRATEFUL FOR ANY FURTHER VIEWS.

7017

AKERS-JONES HMLN AN LIMITED

HKD

MAED

UND

MR WILSON

MR SLATER

CONFIDENTIAL

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