TNAG-2964-FCO40-4243-Future-of-Hong-Kong-Consular-representation-of-European-Coun-1993 — Page 50

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CONFIDENTIAL

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INFO PRIORITY PEKING, UKREP BRUSSELS, UKRER JLG HONG KONG

EUROPEAN COMMISSION OFFICE IN HONG KONG

SUMMARY

1.

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A REPRESENTATIVE FROM THE EC COMMISSION DISCUSSED WITH US THE QUESTION OF PRIVILEGES AND IMMUNITIES FOR THE EC OFFICE IN HONG KONG ON 22 DECEMBER 1992 AND LAST WEEK. NO AGREEMENT WAS REACHED. THE EC ARE SEEKING EXTENSIVE PRIVILEGES AND IMMUNITIES WHICH FAR EXCEED THOSE AVAILABLE UNDER EXISTING HONG KONG LAW. WE MADE IT CLEAR THAT EXISTING LEGISLATION, THE INTERNATIONAL ORGANISATIONS AND DIPLOMATIC PRIVILEGES ORDINANCE (CAP.190) WAS THE ONLY APPROPRIATE VEHICLE FOR THE GRANT OF PRIVILEGES AND · IMMUNITIES TO THE EC OFFICE. WE ALSO MADE IT CLEAR THAT WE COULD NOT GUARANTEE THE POST-1997 SITUATION UNLESS CHINESE AGREEMENT WAS SECURED.

DETAILS

2. J.R.BORRELL (HEAD OF UNIT, CHINA AND OTHER FAR EASTERN COUNTRIES, DIRECTORATE-GENERAL FOR EXTERNAL RELATIONS, EC COMMISSION) VISITED HONG KONG ON 22 DECEMBER 1992 AND HAD A DISCUSSION WITH US ON THE GRANT OF PRIVILEGES AND IMMUNITIES TO THE EC OFFICE IN HONG KONG.

3.

WE EXPLAINED TO BORRELL THAT, IN THE ABSENCE OF CHINESE AGREEMENT, WE WERE ONLY IN A POSITION TO GRANT TO THE OFFICE PRIVILEGES AND IMMUNITIES UP TO 30 JUNE 1997. WE WARNED THAT IT WOULD BE UNREALISTIC TO EXPECT CHINESE AGREEMENT IN THE NEAR FUTURE TO THE CONTINUATION OF SUCH PRIVILEGES AND IMMUNITIES BEYOND 1997. WE ALSO EXPLAINED THAT IT WAS LIKELY THAT THE CHINESE SIDE WOULD TAKE THE VIEW THAT, AFTER 1997, PRIVILEGES AND IMMUNITIES SHOULD BE COVERED BY NATIONAL LAWS IN ACCORDANCE WITH ARTICLE 18 AND ANNEX III OF THE BASIC LAW. NOTING THAT THE EC WANTED TO FORMALLY SET UP THE OFFICE AS SOON AS POSSIBLE, WE FLOATED THE OPTION OF FIRST ESTABLISHING THE OFFICE AND GRANTING TO IT PRIVILEGES AND IMMUNITIES UP TO 30 JUNE 1997. THE CHINESE

HKD 406/5

2 OJAN 1993

GISTRY

1

PAGE CONFIDENTIAL

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