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it would then be inconsistent to argue in other cases concerning the establishment of Offices that the Commission does not have the legal power to enter into agreements.
4. Having expanded so much effort over the last six years in persuading the Commission to set up shop in Hong Kong, it would seem perverse to scupper it at the last moment. One possible way of having our cake and eating it might be to get Hong Kong to suggest to the Commission that the agreement should be with the Communities rather than the Commission since the latter does not have legal personality. But it seems unlikely that the Commission would agree since they have apparently managed to conclude agreements on privileges and immunities with some hundred third countries already.
5. Hong Kong and the Commission are keen to finalise arrangements by the end of September so the Office can be formally opened during Commissioner Van den Broek's visit in October. Subject to your views and those of copy recipients, I suggest we float quickly the proposal in para 4 above, but stand ready if that fails to authorise Hong Kong to enter into an international agreement with the Commission.
REF:ASIA-PACIFIC/1309.HongKong
Anneli Conroy.
Anneli Conroy
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