2
-
b...
2.
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.
1
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
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
į
Office would be liable to arrest following a complaint by a local citizen are remote. 1
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.
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