TNAG-2658-FCO40-3854-Future-of-Hong-Kong-British-Consulate-General-1992 — Page 19

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

29

120655

MDHIAN 3261

CONFIDENTIAL

TO IMMEDIATE FCO

FM HONG KONG

TELNO 439

OF 14110OZ FEBRUARY 92

HKD 406/1

WECEIVE

03 MAR 1997

TOP COPY

Q DIST?

INFO PRIORITY BTC HONG KONG, UKREP JLG HONG KONG

ENTER

see Tel out

+pavaila

PERSONAL FOR RICKETTS, HKD FROM PS/GH.

BTC PERSONAL FOR SBTC.

UKREP JLG PERSONAL FOR GALSWORTHY.

I possibly 37

YOUR TELNO 137: FUTURE BRITISH CONSULATE-GENERAL: PROPOSED PRIVATE TREATY GRANT.

1. WE WERE RATHER SURPRISED BY THE EXTENT OF THE CONCERN EXPRESSED IN TUR. NEGOTIATIONS HAVE BEEN PROCEEDING BETWEEN BUILDING AND LANDS DEPARTMENT (BLD) AND THE BTC, AS AGREED IN YOUR TELNO 15 TO BTC. AFTER THE LAST MEETING, HELD ON 21 JANUARY, BLD AGREED TO MOST OF THE AMENDMENTS TO THE SPECIAL CONDITIONS

PROPOSED BY THE BTC.

2. AS I UNDERSTAND IT, THE SINGLE SIGNIFICANT REMAINING DIFFERENCE RELATES TO HOW BEST TO TAKE ACCOUNT OF THE CONSULAR STATUS OF THE BCG. BTC PROPOSED THE INSERTION OF A SEPARATE CLAUSE THAT WOULD MAKE ANY CONDITIONS IMPOSED BY BLD SUBJECT TO THE AGREEMENT OF BOTH PARTIES, HAVING REGARD TO THE PROPERTY'S DIPLOMATIC STATUS. WE FIND IT DIFFICULT TO AGREE TO THIS BECAUSE:

(A) IT IS TOO SWEEPING IN THAT IT WOULD NEGATE ALL THE DIRECTOR'S

POWERS IN THE CONDITIONS OF GRANT, INCLUDING THOSE RELATING TO ROUTINE AND MISCELLANEOUS MATTERS:

(B) IT WOULD, IN SUBSTANCE, AMOUNT TO A MODIFICATION OF ALL THE

GENERAL AND SPECIAL CONDITIONS: AND

(C) THE BCG WILL NOT HAVE CONSULAR STATUS BEFORE 1997.

3. BLD COUNTER-PROPOSED THAT THE REQUIRED ASSURANCES SHOULD BE PROVIDED IN THE FORM OF A COMFORT LETTER, AS IN THE CASE OF THE U.S. CONSULATE-GENERAL. THE BTC REPLIED ON 30 JANUARY THAT ANY COMFORT LETTER WOULD NEED TO BE TIGHTLY WORDED TO PROVIDE A SUFFICIENT GUARANTEE AND SUGGESTED THAT LEGAL ADVICE BE SOUGHT ON THE SIGNIFICANCE OF INTERNATIONAL AGREEMENTS BEFORE PROCEEDING

1

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CONFIDENTIAL

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