CONFIDENTIAL
HKK 349/1
33
Reference.
31
Miss Wilshurst
Legal Advisers
CHINESE VISA OFFICE IN HONG KONG
MIR 344/1
Y RO. 51
RECENIO
5 JUN 1921
DESK OFFICER
INDEX
FA
V
PEGSTRY Action Taken
जठ Pas 516
1. The subject of the Visa Office was raised by the Chinese during the Secretary of State's visit to Peking in April. They have not significantly altered their position on privileges and immunities. The Hong Kong Government now propose to expedite the matter through legislation and have asked for advice on policy and legal aspects involved (David Wilson's letter of 4 May, and attachments - folio 31)
2. We intend to submit to Mr Blaker on this, if possible on Wednesday, recommending that he agree to legislation. I should be grateful if you would consider the draft submission (attached) and the draft memorandum and Bill with Dr Wilson's letter, and let us have your views. I minuted to you on 11 May and, in your absence, Mr Rushford said that, while the Bill needed some verbal polishing, there was no legal point on which he wished to comment.
3. One point that is not clear to me is the terminology in the Bill covering Visa Office staff. The legislation is not to apply to locally-engaged staff, but this does not seem to be specified. The draft refers variously to officers, employees and service staff. I wonder whether the differences between these categories should not be spelt out.
CODE 18-77
19 May 1981
Martin A Searle
PA W Friar
Hong Kong and General Department
CC: FED
Mr Friar N. piar
Pching have Legislation. Hi
mygerted we do not purzedurid Hice are considering. I 26.07 £26.07
I have the following comments on the draft Bill: a) There should be a specific exclusion of locally- engaged staff, if it is intended that they are not to enjoy privileges and immunities under the Bill. There should also be a definition of "officers" and 'employees" and, if it is necessary to use such a category, of "ser- vice staff". But if there are unlikely to be many staff employed by the Visa ffice it might be thought unnecessary to have three categories of staff, in which case service staff could be treated as employees for the purpose of this legislation, or vice versa.
b) In section 3 the words "forming part of their households"
CONFIDENTIAL