TNAG-2163-FCO40-3094-Localisation-of-laws-in-Hong-Kong-1990 — Page 11

Mr J Sainty

870/37

HKC 370/

RESTRICTED

RELE

18 DEC 1990

Hong Kong Department, WH.305

INCL

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17/12

HONG KONG: LOCALISTAION OF LAWS ON ARBITRATION

3

1. I refer to your minute of 11 December about Hong Kong's request for advice on aspects of the Arbitration (International Investment Disputes) Act 1966.

2.

I would confirm Ms Foakes' comments on Section 4(2) of the 1966 Act ("Arbitration Act"). It is our policy that privileges granted to international organisations should be no greater than those enjoyed by foreign diplomatic missions. (The International Organisations Act 1968 thus enacted after the Arbitration Act - codifies the maximum privileges which may be accorded.) Section 4(2) of the Arbitration Act merely specifies the extent to which exemptions on duties or taxes are conferred. As far as I am aware, it is international practice that international organisations, while they may have the like immunities and privileges as diplomatic missions, they may not be greater.

14 December 1990

HKONG/RFR

RESTRICTED

Метлашт

VC Wallis

Protocol Department OAB G.53 210 6800