TNAG-2658-FCO40-3854-Future-of-Hong-Kong-British-Consulate-General-1992 — Page 37

UNCLASSIFIED

UNCLASSIFIED

FM FCO

TO IMMEDIATE BTC HONG KONG

TELNO 35

OF 10145OZ FEBRUARY 92

F

HKD 406/1

INFO IMMEDIATE UKREP JLG HONG KONG

16

1997

+

101416

MDHOAN 9476

TOP COPY Q DIST?

YOUR FAXES OF 31 JANUARY (SMITH-LAITTAN/MORRIS) AND

3 FEBRUARY (JARVIS/MORRIS): FUTURE CONSULATE-GENERAL PTG

(17)

Enterpl

ain pe

1. THE PROPOSED REDRAFT OF THE PTG ENCLOSED WITH FIRST FAX SHOWS SOME WELCOME PROGRESS, BUT MANY OF THE ORIGINAL DIFFICULTIES REMAIN. THE PROPOSED LETTER OF COMFORT MAY BE HELPFUL IF HKG ARE PREPARED TO GIVE IT BUT WE WOULD NEED TO EXAMINE IT TO SEE HOW HELPFUL IT IS. BUT IN ANY EVENT WE SHOULD CONTINUE TO PRESS FOR THE AMENDMENT OF PROVISIONS WHICH ARE UNSATISFACTORY.

2.

AS FAR AS THE REDRAFTED CONDITIONS ARE CONCERNED WE HAVE THE FOLLOWING COMMENTS:

CLAUSE 2 (A) AGREED

8

(B) (SEE PARAGRAPH

5 (B) AGREED

7

BELOW)

Mv-noon's.

Tel sent to BFC

& correct error.

WE STILL CONSIDER THIS TO BE TOO ONEROUS. IT

pak.

IS UNREASONABLE TO LEAVE THE QUESTION OF CONSULATE GENERAL ANCILLARY ACCOMMODATION AND THE ACTIVITIES WHICH THE COUNCIL MAY UNDER-TAKE SUBJECT TO THE

APPROVAL OF THE DIRECTOR. WE SHOULD LIKE YOU

TO INSIST ON THE REDRAFT WE PROPOSED IN PARA 2 OF OUR TELNO 17.

WHILST NOT A CLAUSE HIGHLIGHTED PREVIOUSLY THIS IS ANOTHER INSTANCE WHERE WE NEED TO ENSURE THE DIRECTOR ACTS REASONABLY.

11(C) AGAIN OVER THE 50 YEAR TERM WE BELIEVE WE SHOULD

HAVE THE RIGHT TO ALLOCATE SPACE, WITHIN THE OVERALL PERMITTED TOTAL, AT OUR DISCRETION. AGREED PROVIDED WE GET AGREEMENT ON

13

14

REASONABLENESS.

WE CONSIDER THAT THIS RESUMPTION CLAUSE IS IN EFFECT AN EXPROPRIATION PROVISION. EXPROPRATION IS ALLOWED IN CERTAIN CIRCUMSTANCES BY

ARTICLE 31 OF THE VIENNA CONVENTION ON CONSULAR

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1

UNCLASSIFIED