PERSONAL & IN STRICT CONFIDENCE
2
would have the advantage of following the path already taken by the Goethe Institute, whose legal basis in Hong Kong is that of an oversea company. The Alliance Francaise has also used the Companies Ordinance, but in its case to incorporate itself as a Hong Kong company in its own right rather than as a branch of a «foreign body.
5.
If the Council were not planning to move to the building which will house the future Consulate-General, we would advise you to consider registration as an oversea company and would continue to see no need to approach the Chinese. Since the Council however are now thinking of accommodation within the site of the future Consulate-General, it seems likely that it will be regarded by the Chinese as part of the official British presence in the SAR. We imagine that your head office does not consider that the Council's Hong Kong office should be part of the Consulate-General enjoying consular privileges and immunities. But it cannot be ruled out that the Chinese might insist on this if your office is to enjoy part of premises given on favourable terms by an agreement in the Land Commission. It would seem wise therefore to delay further consideration of your office's future status until discussions with the Chinese on the Consulate-General have taken place.
6.
I have taken the liberty of informing the FCO of the advice above, and suggesting that they pass it on to the Council's head office. We would of course be interested in your and their reaction; and happy to answer any further questions you may have.
Yours sincerely,
heikian Emma
(WG Ehrman)
Political Adviser
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