TNAG-2965-FCO40-4244-Future-of-Hong-Kong-Consular-representation-of-European-Coun-1993 — Page 63

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can be granted to the US Consul-General (for example) but not to the EC Delegate. Presentationally and politically, discrepancies such as this will remain important obstacles to agreement.

(b) whatever is finally agreed on specific privileges and immunities, the Commission have been told unequivocally at the highest level that the Delegation's status must be based on Cap 190, not Cap 259. The Commission will have to find a way of swallowing this, but until they do so it is the major outstanding problem. We and the Hong Kong side will need to help them accept the inevitable by pointing to the wide coverage of Cap 190 (any organisation of which the UK is a member) and the reference in the title to diplomatic privileges. We should bite our tongues, and refrain from telling the Commission that we consider them to be an international organisation anyway, so where's the problem?

(c) the gap over the 'more stable basis' has not been narrowed as much as might perhaps have been possible:

possible: I continue to believe that a solution ought to be achievable on the basis that the Delegation's long-term status will be dealt with as part of general question of the continuation of foreign representation after 1997.

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6. The Brittan Cabinet are trying to secure agreement that Simon Nuttall should resume discussions with the Hong Kong side at senior level with a brief to reach agreement on all problems except Cap 190 v Cap 259. But Madelin fears that Delors and van den Broek (the Commissioner responsible for overseas delegations) may refuse to lay themselves open to salami slicing of this kind. Madelin confirmed that Nuttall has a revised list of privileges and immunities ready for use.

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I shall remain in close touch with the Hong Kong office here, and report as necessary.

Your fins evely Stephen

SL'Wright

copied to:

P F Ricketts Esq, HKD, FCO

S Bradley Esq, Political Advisers, Hong Kong

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