TNAG-2163-FCO40-3094-Localisation-of-laws-in-Hong-Kong-1990 — Page 14

CODE 18-77

/ C5 11/12

Mr Sainty

HKD

LOCALISATION OF LAWS ON ARBITRATION

Reference..

HKC370/3

1 8 DEC 1990

INDA

sket

1.

2.

The reasons/offered by Hong Kong in paragraph 2(A) their telno.3629 are quite correct. The exemption from immigration restrictions and alien registration requirements conferred in Article 21(b) of the Washington Convention are, in practice, covered by the UK Immigration (Exemption from Control) order 1972 No.1613 as amended. There are no exchange control restrictions nor national service obligations in the UK so legislation has not been necessary. The obligations contained in Article 23(2) can be given effect to administer only so again legislation has not been

necessary. administicting

2.

ive

The reason for the interpretation limitations contained in Section 4(2) of the 1966 Act is fundamentally one of policy and you might like to check with Mr Wallis of the International Organisations side of Protocol Department that he agrees with my comments. Essentially, the limitations reflect those contained in the 1961 Vienna Convention on Diplomatic Relations which confers privileges and immunities on diplomatic missions and their members of staff. It was presumably not thought desirable for the Centre to enjoy any greater privileges in the UK than those enjoyed by foreign diplomatic missions.

11 December 1990

CC:

Mr Fifoot, Legal Advisers

Ms Barrett

"I

AY5AAC

JS Fockho

J Foakes

Assistant Legal Adviser K 158 270 3069