CONFIDENTIAL
GRS 600
CONFIDENTIAL
AMENDED
FROM PEKING 20080OZ SEP 83
TO IMMEDIATE FCO
DISTRIBUTIONAL 20 SEPT 1983
TELEGRAM NUMBER 908 OF 20TH SEPT HKK 344
INFO HONG KNONG
CONSULAR AGREEMENT
044/17
RECEIVED IN NEGIE, AT
2:55 683
DESK OFFICER
INDEX
Action Taken
78
#Chinese
Visa
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RAR
Please
1. H OF C WAS SUMMONED THIS MORNING|20 SEPTEMBER TO THE MFA BY
THE MADAME XU HANBING, DEPUTY DIRECTOR OF CONSULAR DEPARTMENT, FOR WHAT TURNED OUT TO BE A FULL NEGOTIATING SESSION ON THE CONSULAR AGREEMENT.
2. ON CONSULAR DISTRICTS (ARTICLES 1(1) AND 1WLL MME XU SAID THAT THE CHINESE SIDE HAD CONSIDERED THEIR POSITION. THEY WERE NOT ABLE TO OFFER US ANHU IN ADDITION TO JIANGSU AND ZHEJIANG, BUT FOLLOWING OUR PREVIOUS DISCUSSIONS WERE PREPARED TO DROP THEIR REQUEST FOR WEST MIDLANDS. THEY WOULD THUS BE ASKING FOR 10 COUNTIES INSTEAD OF 11. WE UNDERTOOK TO CONSIDER THIS.
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3. ON ARTICLE 2 MME XU SAID THAT THE CHINESE GOVERNMENT COULD NOT CHANGE ITS POSITION: NOT ONLY WERE THE WORDS ''AGREEMENT ON RELEVANT MATTERS UNNECESSARY, SINCE SUCH AGREEMENT WOULD IN ANY CASE BE NEEDED, BUT THIS PHRASE DID NOT OCCUR IN OTHER CHINESE CONSULAR AGREEMENTS AND WOULD CREATE DIFFUCULTIES FOR THEM. WE MAINTAINED OUR POSITION STRONGLY, AND HAD A LENGTHY AND STERIL EXCHANGE. H OF C AGREED TO REPORT THE CHINESE POSITION.
1
4. MME XU THEN SAID THAT THE CHINESE SIDE PROPOSED THAT ALL THE REMAINING PROBLEMS (ARTICLES 1,2 AND 7) SHOULD BE RESOLVED AS PART OF THE SAME PACKAGE. IF WE WOULD ACCEPT THE CHINESE POSTION ON ARTICLES 1 AND 2, THE CHINESE SIDE WOULD ACCEPT OUR DRAFTS OF ARTICLE 7(1) (2) AND (4). H OF C SAID THAT HE THOUGHT THIS WAS A CONSTRUCTIVE APPROACH. HOWEVER HE THEN OUTLINED THE DIFFICULTY ARISING ON ARTICLE 7(1) FROM THE SIMILAR PROVISION IN THE DRAFT VISA OFFICE AGREEMENT, WHICH GAVE IMMUNITY FROM ''ARREST AND DETENTION IN ANY FORM''. THE BRITISH SIDE HAD INSERTED THIS TO MEET THE CHINESE REQUEST FOR SUCH IMMUNITY FOR THE IR STAFF IN HONG KONG. BUT OUR POSITION WOULD BE DEFENSIBLE ONLY IF WE HAD THE SAME IMMUNITY IN THE CONSULAR AGREEMENT. THE WORDS TN THE PRESENT DRAFT, WHICH THE CHINESE SIDE WERE NOW SAYING THEY COULD ACCEPT, VIZ ''AND SHALL NOT BE LIABLE TO ARREST OR DETENTION PENDING TRIAL'' HAD BEEN AN UNSATISFACTORY COMPROMISE FROM OUR POINT OF VIEW. IF WE WERE TO KEEP THE TEXT WHICH WE HAD SUBMITTED IN THE VISA OFFICE DRAFT, THE WORDS 'PENDING TRIAL '' IN THE CONSULAR AGREEMENT DRAFT SHOULD BE SUBSTITUTED BY ''
"IN ANY FORM''. ON THE OTHER HAND, WE WOULD BE PREPARED TO ACCEPT THE ARTICLE AS DRAFTED IF THE VISA OFFICE DRAFT WAS REDUCED TO SIMILAR TERMS. HOWEVER, THE CHINESE SHOULD NOT BE IN ANY DOUET THAT THIS WOULD NOT GIVE THEM THE FULL IMMUNITY IN HONG KONG FOR THEIR STAFF WHICH THEY HAD BEEN REQUESTING. MME XU CLEARLY UNDERSTOOD THE POINT, AND AGREED TO CONSIDER IT.
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CONFIDENTIAL
15.