TNAG-2964-FCO40-4243-Future-of-Hong-Kong-Consular-representation-of-European-Coun-1993 — Page 24

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eg in terms of possible escalated claims for identical immunities and privileges from other bodies represented in Hong Kong, particularly the Consular Corps.

We will need to put further suggestions and questions to Hong Kong before too long and I would welcome any points you or copy addressees may have under these headings.

6. There are various specific areas where I feel unsighted and would welcome your advice.

(a) HKG's assessment (in the comments section of their telno 60) that the EC Office cannot have diplomatic privileges and immunities (because Hong Kong can only have consular type relations) looks questionable to me. Does not the Chinese JLG delegation have diplomatic privileges?

(b) How to establish what level of privileges and immunities is appropriate? Hong Kong's view (in their telno 60) that Cap 190 (Laws of Hong Kong: International organisations and diplomatic privileges Ordinance, Chapter 190) can properly be applied to the proposed EC delegation looks convincing (the Commission have argued that they are not an International Organisation and that the Ordinance therefore cannot apply). But this does not get us much further forward. The CAP apparently does not offer eg inviolability of the equivalent of the Commission's diplomatic pouch. This looks like a reasonable concern.

(c) It is not clear (and we have asked Hong Kong in TUR to take a look at this) what legislation assures Consular delegations in Hong Kong the inviolability which I assume (maybe wrongly?) they must have for their correspondence/ pouch. Vienna Convention? I could not see anything that covered this point in Cap 190 Schedule I parts II, III and IV, although under Schedule II (which applies only to the Commonwealth Secretariat) Part II 1 (b) talks about official documents being inviolable.

We

(d) Should we be looking at what privileges and immunities the Commission is getting in the UK to use as a yardstick? Presumably we would not want whatever package the Commission ends up with in Hong Kong to be out of line with practice in the UK. Can you or PCD advise on what the practice is on eg a diplomatic pouch for the Commission's office in London? have asked UKREP to get from the Commission a list of what they see as the deficiencies of what is available to them under CAP 190. While waiting for this you may like to see the attached copy of a list of privileges and immunities sought for the Commission office in Hong Kong, handed over in December to HKG officials.

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