Rrn please
Faxed to D. Savage, 21/12.28.
MOST 211R.
216
From:
Miss S Brooks
Legal Counsellor
Date:
18 December 1992
CC:
Mr Savage, OED
Ms Barnes Jones
HKD
FUTURE CONSULATE-GENERAL:
PTG
1. I apologise for not having replied earlier but the last few days have been much preoccupied with talks with the Americans. I think the latest Hong Kong offer is as good as we can hope to get and the reference to the relevant international obligations is helpful (this would include customary international law). The deletion of the provisos in Special Condition 14(b) (i) (ii) and their replacement by the language proposed in Mr Hughes' letter of 3 December to Mr Jarvis would seem a marked improvement, but an improved compensation provision may be preferable to reliance on the position under international law
(the Vienna Convention on Consular Relations 1963, if this is applied to the HKSAR or customary international law).
2. The essence of the matter is whether HMG is better off with a compensation provision which provides a formula for caluclating compensation or relying on international law eg the provision in the Vienna Convention, Article 31(3) which provides for "prompt, adequate and effective compensation" but which leaves open the method of calculating that compensation. I regret that I am unable to give the firm assurance sought by Mr Savage, OED. Ultimately, this is a financial matter and not one on which I am able to advise. Whether or not HMG accepts the offer involves a policy decision.
HKD 406/1
Shelagh Brods.
Shelagh Brooks
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