2
A
2.
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 and 4 below, would wish to give assurances that they would, in practice, normally be
extended.
3. It is understood that, in the case of a criminal complaint or information laid before a Hong Kong magistrate, the latter could 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 the police are not the initiators. 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.
4.
Similarly, in civil proceedings (to which the Hong Kong Government would probably not be a party) it is remotely 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 situation arose, principles of common law dictate that the administration could not interfere with the exercise of the court's power.
5. The above arrangements for the proposed Visa Office in Hong Kong are based on the understanding that:
(a)
(b)
it will be known as the Hong Kong Visa Office of the Ministry of Foreign Affairs of the People's Republic of China;
it will not be a representative office of the Government of the People's Republic of China and
its functions will be restricted to the issue of
Visas.
19 Tuno 1001
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