TNAG-2815-FCO40-4061-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 175

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HKC 031/10

5

023262

MDADAN 4227

RESTRICTED

FM HONG KONG

TO IMMEDIATE FCO

TELNO 1430

OF 040245Z SEPTEMBER 9

SEP 1993 ADVANCE

COPY

Mr

Whicknes

AND TO IMMEDIATE HM TREASURY, BANK OF ENGLAND, ODA AND TO IMMEDIATE UKDEL IMF/IBRD WASHINGTON, PEKING AND TO IMMEDIATE UKREP JLG HONG KONG

We onve

a

tel of instructions

to UK Del IMF R

ん

all His

1997 WORLD BANK/IMF ANNUAL MEETINGS: YOUR TELNO 144 OF 20 AUGUST

1993 WORLD BANK (ING ANNUAL MEETINGS & YOUR TELNO 166 OF 20 AUGUST

1. WE THINK IT IMPORTANT THAT WE DO NOT OVERSTATE OUR CASE IN THIS MATTER. ON PARA. 5 OF TUR, OUR PREVIOUS DISCUSSIONS WITH THE CHINESE ON THE QUESTION OF PRIVILEGES AND IMMUNITIES WOULD SUGGEST THAT THIS IS NOT A SUBJECT WHICH THEY WOULD REGARD AS FALLING WITHIN THE AUTONOMY OF THE FUTURE HKSAR. IN 1991, WHEN WE SUGGESTED TO THE CHINESE LOCALISATION OF UK ENACTMENTS CONFERRING PRIVILEGES AND IMMUNITIES IN HONG KONG ON IMF, IBRD, IFC AND IDA, THE CHINESE RESPONSE (UKREP/JLG TELNO 157 OF 31 MAY 1991) INCLUDED, AMONG OTHERS, THE FOLLOWING TWO POINTS -

(A) LEGISLATION WHICH CONFERRED PRIVILEGES AND IMMUNITIES ON

INTERNATIONAL ORGANISATIONS WERE LAWS INVOLVING FOREIGN AFFAIRS WHICH WERE A RESPONSIBILITY OF THE CENTRAL PEOPLE'S GOVERNMENT (CPG). THE RIGHT TO ENACT RELEVANT LEGISLATION RESTED WITH THE CPG: AND

(B) THE 'REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA CONCERNING

DIPLOMATIC PRIVILEGES AND IMMUNITIES' LISTED IN ANNEX III OF THE BASIC LAW TO BE APPLIED IN THE SAR PROVIDED FOR THE PRIVILEGES AND IMMUNITIES OF THE CONCERNED INTERNATIONAL ORGANISATIONS. IT WOULD NOT BE NECESSARY FOR THE SAR TO ENACT ITS OWN LEGISLATION.

2. WE EVENTUALLY ACCEPTED (REF. SPEAKING NOTE REFERRED IN UKREP/JLG TELNO 227 OF 5 JULY 1991) THAT THE RELEVANT UK ENACTMENTS SHOULD LAPSE ON 30 JUNE 1997 WITHOUT BEING REPLACED BY LOCAL LEGISLATION. AGAINST THIS BACKGROUND, WE SEE LITTLE PROSPECT, IF ANY, OF THE CHINESE ACCEPTING THAT THE PRIVILEGES AND IMMUNITIES IN THIS CASE ARE A MATTER FOR THE HKSARG.

3. AS REGARDS FUTURE VISA ISSUING ARRANGEMENTS, WE HAVE YET TO

1

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