TNAG-2658-FCO40-3854-Future-of-Hong-Kong-British-Consulate-General-1992 — Page 98

A

CODE 18-77

14 January 1992

J Morris

HKD

HKD 40611

Reference

Malz

used as basis for Tel. to BTC.

See Telcht + fa

ہیں

را فام

COLVIN HOUSE SITE

1.

Both

Further to our conversation regarding the draft PTG I believe that far more recognition of the diplomatic status of the premises and the circumstances after 1997 is required. I understand that there is said to be no room for negotiation over the General Conditions but I must point out the risks flowing from Clauses 11, 12 and 13 therein. the General and Special Conditions give the "Director" arbitrary powers which might prove to be a source of difficulty over the years. I recommend 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. I would like to see an appropriate addition to Clause 42 of the Special Conditions accordingly.

2. If such a proviso were incorporated then much of the following might be rendered surplus but as requested I would propose the following specific drafting amendments to the Special Conditions:

Clause 2(a) line 4 delete "to be specified

"

"

=

#1

"

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.

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 withheld".

11(c) add "without the agreement of the Director such agreement not to be unreasonably withheld".

13 Delete

pcds2.481