CONFIDENTIAL CS72O
FM PEKING 310715Z MAR 81
TO ROUTINE FCO
TELEGRAM NUMBER 232 OF 31/3
INFO HONG KONG
MIPT: VISA OFFICE
17
CONFIDENTIAL
HICK 347/1
ALLAVIO
76
DES INDEX
مال
AY HO! 51
1 APR 1981
88,4.
REДUSTRY
Action Taken
XW 141
1.
TEXT OF PROPOSED NEW DRAFT MEMORANDUM FOLLOWS.
BEGINS.
"'IN THE COURSE OF SEVERAL MEETINGS BETWEEN BRITISH AND CHINESE
REPRESENTATIVE HELD IN LONDON AND PEKING FROM 1979 TO 1981
ON MATTERS RELATING TO THE PROPOSED VISA OFFICE OF THE MINISTRY
OF FOREIGN AFFAIRS OF THE PEOPLE'S REPUBLIC OF CHINA IN HONG
KONG, THE FOLLOWING UNDERSTANDING WAS REACHED,
Omitted
(1) IN ORDER TO MEET THE GROWING NEED FOR ECONOMIC, TRADE, TOURIST, CULTURAL AND OTHER EXCHANGES THE CHINESE SIDE AND THE BRITISH AUTHORITIES IN HONG KONG ORALLY AGREED ON 9 AUGUST 1979 THAT THE CHINESE SIDE WAS TO SET UP IN HONG KONG A VISA
OFFICE OF THE MINISTRY OF FOREIGN AFFAIRS OF THE PEOPLE'S
REPUBLIC OF CHINA.
(11) TO ENSURE THE SMOOTH FUNCTIONING OF THE SAID VISA OFFICE
IN HONG KONG, IT WILL ENJOY THE FOLLOWING PRIVILEGES: (A) EXEMPTION FROM TAXES ON ITS REVENUE (EG FROM VISA FEES); (B) THE RIGHT TO USE CYPHER,
(C) EXEMPTION FROM TAXES ON SALARIES OR EMOLUMENTS OF ITS
CHINA-BASED OFFICIALS AND STAFF MEMBERS.
(D) COURIER SERVICETO BE EXEMPT FROM SEARCH,
(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.
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 BELOW, WOULD WISH TO GIVE
>
134
ASURRANCES THAT THEY WOULD, IN PRACTICE A, NORMALLY BE EXTENDED . (IF APPROPRIATE IN THE EVENT OF A SEARCH OF THE PREMISES BEING
UNAVOIDABLE THIS SHOULD NORMALLY BE CONDUCTED ONLY IN THE
PRESENCE OF THE HEAD OF THE CHINESE VISA OFFICE OR HIS REPRESENTATIVE)
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 COMP AL INT COULD BE LAID BY ANY CITIZEN, IT FOLLOWS THAT A MAGISTRATE HAS
CONFIDENTIAL
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