TNAG-2345-FCO40-3412-Future-of-Chinese-Ministry-of-Foreign-Affairs-office-in-Hong-1991 — Page 11

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CHINESE MFA OFFICE IN HONG KONG

1.

The most natural reading of JD 7 is that, as Mr Cox argues, the HKSARG ́s lines of communications are to be directly with the central government in Peking, and that it is not subordinate to any province. This would give it status at least similar to that of a province and one that is enhanced by the provisions in both the Joint Declaration and the Basic Law. Article 22 of the Basic Law appears to be directly relevant to the case you have in mind. It states that: "if there is a need for departments of the Central Government, or for provinces, autonomous regions, or municipalities directly under the Central Government to set up offices in the Hong Kong Special Administrative Region, they must obtain the consent of the government of the Region and the approval of the Central People's Government. All offfices set up in the Hong Kong Special Administrative Region by departments of the Central government, or by provinces, autonomous regions, or municipalities directly under the Central Government, and the personnel of these offices shall abide by the laws of the Region". Although Article 13 of the BL provides that "the Ministry of Foreign Affairs of the People's Republic of China shall establish an office in Hong Kong to deal with foreign affairs" there is no indication that Article 22 should not also apply in this case. The implication of these provisions would seem to be that the Central Government is to be bound by the laws of Hong Kong in setting up its offices and this suggests that it would not be able to compel the SARG to make a free grant of land against its will for the site of the MFA Office.

2. I am afraid I cannot provide exact parallels from those municipalities directly under the Central government (Peking, Shanghai and Tianjin). We do not have the information available here on how the wishes of the Central Government to set up a subordinate office in a region would be dealt with. Generally speaking, in the provincial level administration of China, provincial governments have departments (eg the Foreign Affairs Bureau of the Provincial Planning Commission) which are the equivalents at the local level, of central Ministries or Commissions. Their primary responsibility and subordination is to the provincial government rather than to the equivalent central Ministry. Their premises are sited within the provincial government complex and presumably provided by the provincial government since they are considered part of it. I am afraid I have no information on the arrangements whereby local branches of central departments (the Customs Administration might be an example) acquire and hold their premises. Certain Ministries, for example the Ministry of Railways, do control extensive properties throughout China, but I do not know whether they are able to acquire these compulsorily because of the province's subordination to the centre. Chinese provinces do have offices both in the capital and in other provinces. Again I do not know the arrangements under which they hold these premises or whether they are able to compel the province in question to accept them. suspect that they are probably leased from the local authority.

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