TNAG-2964-FCO40-4243-Future-of-Hong-Kong-Consular-representation-of-European-Coun-1993 — Page 39

15 MAR 793 10:54

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4. WE ASKED NUTTALL TO OUTLINE THE PRACTICAL DEFICIENCIES, AS THE COMMISSION SAW THEM, OF THE PRIVILEGES AND IMMUNITIES OFFERED BY * HONG KONG UNDER CAP 190. HE PROMISED US AN INFORMAL NOTE. BUT AS

EXAMPLES HE POINTED OUT THAT HONG KONG WAS PROPOSING THAT NEITHER THE COMMISSION'S POUCH (IE BAG) NOR THE PERSON OF THE DELEGATE SHOULD BE INVIOLABLE, NOR THAT THE STAFF AND FAMILY MEMBERS SHOULD HAVE IMMUNITY FROM PROSECUTION IN RESPECT OF MATTERS OUTSIDE OFFICIAL DUTIES. NUTTALL SAID THAT, WHILE THIS MIGHT BE ACCEPTABLE IN PRESENT CIRCUMSTANCES, IT WOULD NOT BE AFTER 1997. BUT IT WOULD BE VERY DIFFICULT TO SECURE THESE IMMUNITIES FROM THE POST-1997 CHINESE AUTHORITIES IF THE DELEGATION HAD NOT ENJOYED THEM BEFORE 1997.

5. NUTTALL RECOGNISED THAT PRIVILEGES AND IMMUNITIES AT THE LEVEL SOUGHT BY THE COMMISSION WOULD REQUIRE LEGISLATION AND DISCUSSION WITH THE CHINESE AUTHORITIES (AS FAR AS THEIR CONTINUATION AFTER 1997 WAS CONCERNED). THE COMMISSION WOULD BE CONTENT TO ESTABLISH THE DELEGATION ON A PRAGMATIC, INTERIM BASIS WHILE THIS WAS BEING PURSUED. BUT IT WOULD NEED A COMMITMENT IN ADVANCE THAT THE HONG KONG GOVERNMENT WOULD WORK FOR THIS OBJECTIVE.

WE POINTED OUT THE DELAYS AND DIFFICULTIES IN THIS COURSE, AND NOTED THAT NO OTHER THIRD COUNTRY OR ORGANISATION HAD RAISED

NUTTALL THOUGHT CONCERNS ABOUT CAP 190 IN THE POST-1997 CONTEXT.

THAT IT WAS AS IMPORTANT TO HONG KONG AS TO THE COMMISSION TO ENSURE THAT THE DELEGATION HAD A SATISFACTORY STATUS FOR THE POST- 1997 PERIOD.

7. COMMENT. WE SHARE NUTTALL'S VIEW OF THE ESSENTIAL PURPOSE OF THE DELEGATION: INDEED THE UK STIMULATED IT. IT IS IMPORTANT THAT ISSUES CONCERNING ITS ESTABLISHMENT SHOULD THEREFORE BE LOOKED AT IN TERMS OF THEIR POLITICAL SIGNIFICANCE FOR THE FUTURE RATHER THAN IN LEGAL TERMS ON THE BASIS OF PRECEDENT. SEEN FROM HERE, WE SHOULD WORK FOR A RAPID SOLUTION TO THE PRIVILEGES AND IMMUNITIES ISSUE ON THE BASIS OF:

(A) A COMMITMENT TO SEEK CHINESE AGREEMENT TO MAINTAIN AFTER 1997 A STATUS FOR THE DELEGATION WHICH IS AS CLOSE TO THAT OF THE DELEGATION IN PEKING AS POSSIBLE.

(B) A COMMITMENT THAT, ONCE THIS IS OBTAINED, LEGISLATION WILL BE INTRODUCED IN HONG KONG TO PROVIDE THIS STATUS BEFORE 1997.

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