TNAG-2658-FCO40-3854-Future-of-Hong-Kong-British-Consulate-General-1992 — Page 89

CONFIDENTIAL

IR

007360

НКО 406/1

MDLOAN 4502

CONFIDENTIAL

FM FCO

TO PRIORITY BTC HONG KONG TELNO 17

OF 15150OZ JANUARY 92

10

TOP COPY

Q DIST?

OUR TELNO 16: FUTURE BRITISH CONSULATE-GENERAL: PROPOSED PRIVATE TREATY GRANT

1. TUR PROMISED REDRAFTS OF THE PTG CLAUSES WHICH CAUSE US CONCERN. IN GENERAL THE DRAFT NEEDS TO TAKE MUCH MORE ACCOUNT OF THE DIPLOMATIC STATUS OF THE PREMISES AND THE CIRCUMSTANCES AFTER 1997. AS PRESENTLY DRAFTED, THERE ARE CONSIDERABLE RISKS IN CLAUSES 11, 12 AND 13 OF THE GENERAL CONDITIONS. BOTH THE GENERAL AND SPECIAL CONDITIONS GIVE THE ''DIRECTOR'' ARBITRARY POWERS WHICH MIGHT PROVE TO BE A SOURCE OF DIFFICULTY OVER THE YEARS. WE SHOULD LIKE A GENERAL PROVISO THAT THE ''DIRECTOR' WILL ACT REASONABLY AT ALL TIMES AND THAT ANY EXPRESS CONDITION BE SUBJECT TO AGREEMENT BETWEEN THE PARTIES HAVING REGARD TO THE PROPERTY'S DIPLOMATIC STATUS AND OPERATIONAL CIRCUMSTANCES. ΤΟ THIS END, AN APPROPRIATE ADDITION SHOULD BE MADE TO CLAUSE 42 OF THE SPECIAL CONDITIONS.

2. IF SUCH A PROVISO WERE INCORPORATED, THEN MUCH OF THE FOLLOWING MIGHT BE RENDERED SURPLUS, BUT AS REQUESTED (IN SMITH-LAITTAN'S LETTER OF 6 JANUARY) WE WOULD PROPOSE THE FOLLOWING SPECIFIC DRAFTING AMENDMENTS TO THE SPECIAL

CONDITIONS:

CLAUSE

LINE 4 DELETE ''TO BE SPECIFIED

DIRECTOR'' IN LINES 3 AND 4 AND SUBSTITUTE ''TO BE AGREED''

2(B) ADD AND IS OPEN FOR PUBLIC USE''.

5(B) ADD

'OR SUCH OTHER TIMES AS MAY BE MUTUALLY AGREED''

-

T

7 LINE 5 DELETE ''APPROVED BY THE DIRECTOR' AND SUBSTITUTE 'BE REQUIRED FOR THE PURPOSES OF THE CONSULATE GENERAL

"

7 LINE 8 ADD ''PROVIDED THAT THE DIRECTORS APPROVAL SHALL NOT BE UNREASONABLY WITHELD''.

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