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2
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2.
e) the premises, documents and archives to be
exempt from search;
f) the China-based officials and their dependents
not to be liable to arrest or detention.
It is understood that, whilst privileges (a) to (c) can be
granted by administrative action by the Hong Kong Government
privileges (d) to (f) cannot be formally granted without
*
legislation.
However, the Hong Kong Government, subject to
paragraphs 3, 4 and 5 below, would wish to give assurances
←
that they would, in practice, normally be extended.
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3. It is understood that, in the case of a criminal complaint
or information laid before a Hong Kong magistrate, the latter
could theoretically issue an arrest warrant. Since a complaint
could be laid by any citizen, it follows that a magistrate has
the power to issue a warrant of arrest in circumstances where
To this extent, the Hong.
Kong Government would not be in a position to prevent arrest
though the circumstances in which a member of the Chinese Visa
Office would be liable to arrest following a complaint by a
local citizen are remote.
the police are not the initiators.
4 Similarly, in civil proceedings (to which the Hong Kong
į
#
Government would probably not be a party) it is remotely
f
:
possible that failure to comply with a court order could result
in the defaulter being in contempt of court, for which 'the
ultimate sanction could be committal to prison. If such a
I
situation arose, principles of common law dictate that the
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administration could not interfere with the exercise of the
court's power.
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