TNAG-2967-FCO40-4246-Future-of-Hong-Kong-British-Consulate-General-inclusion-of--1993 — Page 31

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Copied to 5 Brooks.

Foreign &

Commonwealth

Office

42

or the attention of:

acsimile Document Leader

G

Deborah Barnes Jones

t:

Hong Kong Dept

acsimile No: 040 270-3387

071

7HID

406/13

lassification: U/C

rom: D Savage

29 SEP 1993

ate: 6 September 1993

INDE

OVERSEAS ESTATE DEPARTMENT

Room 414 Apollo House

36 Wellesley Road,

Croydon CR9 3RR

Telex 19563 Telephone: 081 760 8133

Originating Facsimile Number

his Transmission consists of leader plus....page

مرا

Verbie

OG HONG KONG: BRITISH CHAMBER OF COMMERCE

081-686 4951 081-667 0705

081 686 6819

My discussion with Rupert Neville of JSM regarding the possibility of ecording BCOC's proposed use of part of the future Consulate General by way f a licence centred on the principle involved rather than the detail. ecide to follow this path it would be for OED to provide JSM (who do not

If we njoy Honorary Legal Advisers status) with the basic terms of the proposed rangement as agreed between the parties when we instruct them to prepare he necessary documentation having regard to the PTG terms and Hong Kong Law.

The reason for exploring this was that OED wishes to avoid provoking a emand from HKG for a premium or increase in rent for what is a minor echnical departure from the terms of the PTG. This mainly because we wish › avoid setting a precedent before the ink is dry but also because any cost rising would have to be passed on to the BCOC.

In speaking to Rupert Neville SC7 (a) did arise in the sense that he ccepted that the Chamber of Commerce could not be represented as being part

the BCG as provided for in this Condition. No doubt this had a bearing on is advice that HKG might consider what we propose to be contrary to the

irit of the agreement.

I would hope that this question might be aired in a very informal manner > ascertain what HKG attitude is. As far as I am aware we do not know what ine HKG will take. If they do rely on SC7 (a) to the letter and indicate hat they would see a licence as being contrary to the spirit of the greement between the parties we may have little option but to make the ormal request for approval to step beyond the terms of the PTG and see what ine HKG takes and what their terms are.

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