TNAG-2078-FCO40-2958-Hong-Kong-culture-1990 — Page 89

18-77

Mr McInt

CRD

McIntyre

Reference

PC 290/309.1

RECEIVED IN REGISTRY

22 JAN 1990

GERMAN CULTURAL INSTITUTION IN HONG KUT

DESK OFFICER

INDEX

PA

STRY

Token

3

1.

2.

With reference to your minute of 9 January.

I think that in principle the problem could be solved in either of the ways proposed by the Auswärtiges Amt ie : an extension to the existing Agreement or a separate Agreement.

3.

If the present Agreement were extended, the most appropriate method would be by an Exchange of Notes, although I suspect that the Germans have some internal problems with such instruments.

4.

I think, however, that the best way to deal with the matter would be by a bilateral agreement between the German and Hong Kong authorities. After 1997 by virtue of the

Sino-British Joint Declaration (see: Annex 1: XI: Foreign Affairs) the Hong Kong authorities will be in a position to conclude such cultural agreements. If, however, the Agreement is to be concluded well before 1997 (which seems to be the main German concern) the Hong Kong authorities can only enter into agreements where they have power to do so by virtue of entrustment granted by the Secretary of State acting under the royal prerogative. I do not think that, at present, any entrustment exists which would cover the matter in issue and so a new entrustment would have to be drawn up. Such an entrustment might extend only to a cultural agreement with the German authorities or to cultural agreements in general: a matter which would, of course, be determined by consultation with Hong Kong Department.

5.

an

I hope that these observations assist. Please do not hesitate to contact me with any further queries on this matter.

12 January 1990

CB1AAN

4.1. Bung

C Bury

Assistant Legal Adviser K157 270 3378