TNAG-2966-FCO40-4245-Future-of-Hong-Kong-Consular-representation-of-European-Coun-1993 — Page 75

HKD 406/5

RECEIVE! IN DECISTON

14 SEP 1993

DESK OFFICE

INDEA

Mr Macgregor

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Mr Majmuis

(94)

Mr BJ, Thanks fo

- we spoke about the

·legal olastacte preventing HK from signing on the dotted live with the Commission. ECOCE) are taking toward, I still think the formula in pace & is a bit messy, but! suppofrom: Anneli Conroy,

nely Conroy, ECD (E)-

COMMISSION OFFICE IN HONG KONG

1.

the her

Date 13 September 1993

:

cc: Ms Shelagh Brooks,

teg lear "on the legal side.

Legal Advisers

Mr Wright, UKRep

Sud

we put eg

M. Ashton

Ms Barnes-Jones, HKD in the Mr Hopkinson

Yes plodo

بل

picture in paraled with the suggeste telegram (byphone)?

14/9

The Commission and the Hong Kong Government have finally reached an understanding as to the Privileges and Immunities to be granted to the Commission Office and staff in Hong Kong. These are greater than we had thought possible: Hong Kong have obviously bent over backwards to be flexible, and the result is in some respects more favourable than the situation of eg Consulates in Hong Kong.

2.

However, there is a potential difficulty over the agreement, given the UK's long standing view that the Commission is not entitled to enter into international agreements of its own accord. In practice, they have often done so, particularly as regards the setting up of Offices in third countries. And although the UK have not formally objected to such agreements (partly because we were not aware in detail of what the Commission was up to), there are other agreements negotiated by the Commission without a mandate from the Council about which we do have strong reservations. example is the EC/US Competition Agreement which is currently being challenged in the ECJ by France. (We would have supported them, except that Sir Leon Brittan, who was Commissioner for Competition at the time, persuaded the Foreign Secretary not to do so).

One

3. Unfortunately, it is not possible for us to turn a blind eye and simply let the Commission and Hong Kong get on with it. Hong Kong's legislation as regards International Organisations (CAP 190) apparently requires an international agreement rather than an administrative arrangement. they can enter into any international agreement, the Hong Kong Government require an entrustment from the UK. Hong Kong have now formally asked the UK for approval. If we authorise this,

Before

DOO

REF:ASIA-PACIFIC/1309.HongKong

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