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PP HONG KONG
GRS 498
CONFIDENTIAL
FM FCO 311200Z OCT 83
TO PRIORITY HONG KONG
TELEGRAM NUMBER 1114 OF 31 OCTOBER
INFO PRIORITY PEKING
YOUR TELNOS 1502 AND 1503 : CHINESE VISA OFFICE
1.
HKK 349/1
RECEIVED IN REGISTRY
1- NOV 1983
REGISTRY
DESK OFFICER
INDEX
PA
fiction Taken
YOU MAY FIND HELPFUL THE FOLLOWING PRELIMINARY COMMENTS ON
THE DRAFT ORDINANCE IN YOUR TELNO 1503. WE REALISE, OF COURSE,
THAT THE DRAFT WILL PROBABLY HAVE TO BE MODIFIED IN ORDER TO
REFLECT THE EXACT TERMS OF THE UNDERSTANDING ONCE IT HAS BEEN
FINALISED.
2.
THERE APPEAR TO BE SOME AREAS WHERE THE DRAFT ORDINANCE DOES
NOT PRECISELY IMPLEMENT THE DRAFT UNDERSTANDING NOW UNDER
DISCUSSION IN PEKING (PEKING TELNO 1034, AND FCO TELNO 717 TO
PEKING). THESE ARE:
A) PARA 1(1) OF UNDERSTANDING: AS REGARDS INVIOLABILITY OF
PREMISES, THIS REFLECTS PARA 3(2) OF THE THIRD SCHEDULE TO THE
HONG KONG CONSULAR RELATIONS ORDINANCE 1970, WHEREAS THE DRAFT
ORDINANCE ONLY APPLIES THE MORE LIMITED PROVISIONS OF VCCR
ARTICLE 31.
B) PARA 1(3) OF UNDERSTANDING: AS DRAFTED BY CHINESE, THIS
PARAGRAPH REFLECTS A MODIFIED VERSION OF THE FIRST TWO SENTENCES
OF PARA 1 OF THE THIRD SCHEDULE TO THE 1970 ORDINANCE. EVEN THE
ALTERNATIVE WORDING SUGGESTED BY GALSWORTHY IN PEKING TELNO 1033
DOES NOT PRECISELY REFLECT VCCR ARTICLE 41.
C) PARAS 1(5) AND 1(6) OF UNDERSTANDING: ALTHOUGH WE APPRECIATE
THE POINTS IN YOUR TELNO 1084 OF 27 JULY, WE WOULD NEVERTHELESS
NOTE THAT THESE PROVISIONS ARE NOT EXACTLY EQUIVALENT TO VCCR
ARTICLE 50 WHICH IS APPLIED BY THE DRAFT ORDINANCE.
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63
D) THE TERM 'VISA OFFICERS AND EMPLOYEES' USED IN THE PENULTIMATE
LINE OF THE CHAPEAU TO SECTION 3(1) OF THE DRAFT ORDINANCE IS
DIFFERENT TO THE TERMINOLOGY OF THE UNDERSTANDING. WE WONDER IF
YOU COULD SOLVE THIS PROBLEM BY INSERTING IN SECTION 2 A NEW
DEFINITION EQUIVALENT TO PARAGRAPH 1(7) OF THE UNDERSTANDING.
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