TNAG-2029-FCO40-2891-Hong-Kong-freezing-of-Kuwaiti-and-Iraqi-assets-1990 — Page 73

HKB 020/26

BON 1990

IN

Mr Furness, HKD

From:

Paul Fifoot Legal Advisers

GF.

und 25/11

Date: 19 November 1990

CC

NTCD

Mr Llewellyn, Legal Advrs

188

21/11

по дер Jonn

NOTIFICATION OF LOSS AND DAMAGE SUFFERED BY UK NATIONĄŁS AND COMPANIES IN KUWAIT AND IRAQ

176

1. Paragraph 9 of Security Council Resolution 674 (1990) invites States to collect relevant information regarding their claims and "those of their nationals and corporations ..". In the context of that Resolution, United Kingdom nationals include those persons who, under the British Nationality Act 1981, are British nationals, ie British citizens, BDTCS, BOCS, BC (0)s, British subjects, and BPPS (our form GC1 makes this clear) wherever they are. Similarly, in the context of that Security Council Resolution the State (ie the United Kingdom) must include all parts of the State and not merely the territorial extent of the United Kingdom of Great Britain and Northern Ireland as defined in our domestic law, so that "their

corporations" means corporations incorporated in the dependent territories as well as corporations incorporated in the territories comprising the United Kingdom itself.

2.

I

How the information is collected is another matter. would, however, have thought it would be prudent for the collection in respect of British subjects and corporations in dependent territories to be made by the same agency as collects the information from the "territorial" UK, that is to say NTCD. The Hong Kong Government, and the Governments of the other dependent territories, could act as the agents of NTCD. I do not think the form GC1 would require change in respect of individuals. but is there a separate form for corporations? If so I would need to see it before advising on that. As regards the "Notice", it would be possible to amend it to make it applicable to dependent territories, possibly on the lines of referring to British nationals and companies in the dependent territories instead of "UK nationals and companies" and to make it clear that the information is being collected by the government of the dependent territory concerned for forwarding to NTCD.

6PFAAB

Paul Fifoot