TNAG-2077-FCO40-2957-Hong-Kong-culture-1990 — Page 5

CONFIDENTIAL

016162

MDLOA 5848

WE SHOULD RAISE THIS MATTER WITH THE CHINESE NEEDS TO BE

RECONSIDERED. THE CHINESE MAY WELL TAKE THE VIEW THAT JD 130

AND 131 AND ARTICLE 137 OF THE BASIC LAW APPLY TO PRIVATE OR NON-GOVERNMENTAL EDUCATIONAL ORGANISATIONS BUT NOT TO WHAT THEY

MAY REGARD AS A QUASI-GOVERNMENTAL INSTITUTION. HOWEVER INDEPENDENT OF HMG THE BRITISH COUNCIL MAY BE UNDER ITS CHARTER, WE CANNOT IGNORE THE POSSIBILITY THAT THE CHINESE MAY SEER TO EQUATE THE BRITISH COUNCIL IN HONG KONG WITH THE BRITISH COUNCIL IN THE PRC AND MAY REGARD IT AS PART OF THE OFFICIAL BRITISH PRESENCE IN HONG KONG, PARTICULARLY IF, AS NOW SEEMS LIKELY, THE COUNCIL IS HOUSED IN THE CONSULATE-GENERAL BUILDING. IF THIS PROVES TO BE THE CASE, WE MAY WELL TO NEED EXPLORE WITH THE CHINESE THE BASIS ON WHICH THE COUNCIL WILL CONTINUE TO OPERATE IN HONG KONG. BUT WE AGREE THAT ANY FURTHER CONSIDERATION OF THIS ISSUE SHOULD AWAIT THE OUTCOME OF THE DISCUSSIONS WITH THE CHINESE ON THE CONSULATE-GENERAL.

HURD

YYYY

ΜΑΙΝ

31

LIMITED

HKD

FED

OED

CRD

ADDITIONAL

2

MR FIFOOT, LEGAL ADVISERS

NNNN

DISTRIBUTION

33

CONSULAR DEPT

MR MCLAREN

MR BURNS

MISS SPENCER

MR ELLIS, BRITISH COUNCIL

2

PAGE CONFIDENTIAL