TNAG-2964-FCO40-4243-Future-of-Hong-Kong-Consular-representation-of-European-Coun-1993 — Page 18

CONFIDENTIAL

Miss Bliss

papers quickly please (I must

CONFIDENTIAL

FM HONG KONG

TELNO 319

TO PRIORITY FCO

OF 260942Z FEBRUARY 93

Chaney distribution)

distribution changed

76/2

28.

848/3.24

015072

MDLIAN 6778

TOP COPY A PON KONG

INFO PRIORITY PEKING, UKREP BRUSSELS, UKREP JLG HONG

19

YOUR TELNO 59 AND UK REP BRUSSELS TELNO 267: EC DELEGATION OFFICE

IN HONG KONG

SUMMARY

1. USING THE EXISTING LEGISLATION (CAP 190) IS THE MOST SENSIBLE WAY TO GRANT PRIVILEGES AND IMMUNITIES TO THE EC OFFICE AND THE ONE LEAST LIKELY TO PROVOKE UN-HELPFUL REACTION FROM THE CHINESE SIDE. THE COMMISSION SHOULD BE FIRMLY STEERED IN THIS DIRECTION. WE DOUBT VERY MUCH WHETHER THE COMMISSION'S PROPOSED WAY FORWARD WOULD BE WORKABLE, NOR DO WE CONSIDER IT LIKELY TO BE ACCEPTABLE TO THE CHINESE. THERE APPEARS TO BE A FUNDAMENTAL MISUNDERSTANDING OF THE POSITION BY THE COMMISSION: HONG KONG'S NON-SOVEREIGN STATUS PRECLUDES ANY POSSIBILITY OF SECURING A STATUS FOR THE DELEGATION COMPARABLE WITH THAT OF THE DELEGATION

IN PEKING.

DETAIL

2. THE COMMISSION'S EXPECTATION THAT A STATUS CAN BE ACHIEVED WHICH IS SIMILAR TO THAT ENJOYED BY THE EC OFFICE IN PEKING IS UNREALISTIC. SUCH A STATUS MAY BE ACCEPTABLE FOR THE CAPITAL CITY BUT THERE IS NO POSSIBILITY THAT IT WOULD BE REGARDED AS APPROPRIATE OF THE HKSAR GIVEN HONG KONG'S NON-SOVEREIGN STATUS. MOREOVER, AS WE POINTED OUT IN OUR TELNO 60, IT WOULD INVOLVE THE GRANTING OF IMMUNITIES WHICH FAR EXCEED THOSE AVAILABLE TO CONSULATES-GENERAL IN HONG KONG. THE CHINESE HAVE FROM THE BEGINNING BEEN EXTREMELY SENSITIVE ABOUT THE GRANTING OF IMMUNITIES AND PRIVILEGES BY HONG KONG GOING BEYOND THE CONSULAR LEVEL, AND MADE IT CLEAR THAT THEY CANNOT ACCEPT IT.

3.

PENDING SIGHT OF NUTTALL'S INFORMAL NOTE, WE REMAIN UNCONVINCED THAT THE COMMISSION HAS A GENUINE NEED FOR THE EXTENSIVE RANGE OF IMMUNITIES PROPOSED IN THE SECOND TUR. WE NOTE ALSO THAT NUTTALL HIMSELF CONCEDED THAT THE CURRENT LEVEL OF PROTECTION OFFERED BY THE HKG WOULD BE SUFFICIENT IN PRESENT CIRCUMSTANCES.

PAGE

CONFIDENTIAL

1

HICD 406/5.

RI

03 MAR 1993