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6.
The Prevention of Chinese Imaving the Country
The requirement for exit visas applies to Chinese of
categories (A), (3) end (c). In fact, under the Geneva
Convention on Diplomatic Relations we have no right to stop
members of the Chinese diplomatic staff leaving and we are
on weak ground over the non-diplomatic staff. Over category
(C) we are on better ground as an Order-in-Council was made
last August under which persons subject to the Aliens Order
could be prevented from doing so. At present, if persons in
categories (A) and (B) try to leave, we depend on the imposi-
tion of administrative delays followed by diplomatic action
to prevent them. There is the further difficulty that there
are no immigration controls in West Coast ports so that any
Chinese could leave the country by this route.
7. Expulsion
(a) We could declare members of the Office of the
Chinese Chargé d'Affaires persona non grata and instruct them
to leave the country. If they refused and took refuge in the
Chinese Mission, we could only enforce our instruction by
breaking into diplomatic premises. This would undoubtedly
cause violence and produce unpleasant repercussions in Peking.
When the matter was considered last year the Legal Adviser
minuted that there were probably grounds for waiving certain
provisions on immunity of premises, etc. in respect of the
Chinese Mission in London because of the way the Chinese had
treated our Mission in Feking, but as the Chinese would
undoubtedly ignore such action (they are not in any case a
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CONFIDENTIAL