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CHARGE, IE THE PRECISE EQUIVALENT OF VCCR ARTICLE 32(1), AS
REQUESTED BY THE CHINESE IN THEIR DRAFT IN PEKING TELNO 49 OF 17
MAY.
(3) WE AGREE WITH THIS: IT GOES BEYOND VCCR ARTICLE 41, BUT
GRANTS THE COMPREHENSIVE INVIOLABILITY THAT WE WOULD LIKE TO SEE
INCLUDED IN ARTICLE 7 OF THE CONSULAR AGREEMENT (FREEDOM From ARREST DETENTION 'IN ANY FORM' RATHER THAN MERELY 'PENDING
TRIAL'.) BUT IF WE OFFER THIS FORMULA TO THE CHINESE, IT SHOULD
BE CONDITIONAL ON DRAFT ARTICLE 7(1) OF THE CONSULAR AGREEMENT
BEING SIMILARLY PHRASED.
(4) (I) WE WOULD PREFER 'OFFICIALS' TO BE REPLACED BY 'OFFICERS'
HERE AND IN SUB-PARAGRAPH (5) IN ORDER TO BE CONSISTENT
THROUGHOUT TEXT.
(II) WE ARE NOT SURE WHETHER 'STAFF MEMBERS' REFERS TO 'CONSULAR
EMPLOYEES' ONLY, OR ALSO INCLUDES 'SERVICE STAFF' AS DEFINED BY
THE VCCR. IN EITHER CASE, THIS PROVISION GOES BEYOND THAT OF
VCCR ARTICLES 50(1)(B) AND 50(2) IN THAT THE LATTER PARAGRAPH IS
RESTRICTED TO CONSULAR EMPLOYEES ONLY AND MERELY GRANTS AN
EXEMPTION FROM CUSTOMS DUTIES 'IN RESPECT OF ARTICLES IMPORTED AT
THE TIME OF FIRST INSTALLATION'. HOWEVER, WE NOTE THAT HONG KONG
HAVE POWER TO GIVE THE PRIVILEGE OF CONTINUING EXEMPTION FROM
CUSTOMS DUTIES TO BOTH CONSULAR EMPLOYEES AND SERVICE STAFF BY
VIRTUE OF PARA 3 OF SCHEDULE 2 TO THE CONSULAR RELATIONS
ORDINANCE L970. WE DO NOT THEREFORE OBJECT TO THE SUBSTANCE OF
SUB-PARA 4, ALTHOUGH WE SUGGEST YOU CLARIFY THE TERMINOLOGY.
(5) THIS IS SLIGHTLY MORE RESTRICTED THAN VCCR ARTICLE 50 (3), AS
IT DOES NOT PERMIT A SEARCH WHERE IT IS SUSPECTED THAT
UNAUTHORISED ARTICLES (IE ARTICLES NOT INTENDED FOR PRIVATE USE)
ARE BEING CARRIED, BUT ONLY WHERE IT IS SUSPECTED THAT THE
LUGGAGE CONTAINS ARTICLES WHOSE IMPORT OR EXPORT IS ILLEGAL OR
ARE COVERED BY QUARANTINE REGULATIONS. HOWEVER, WE WOULD NOT +
OBJECT TO THIS, PROVIDED IT IS ACCEPTABLE TO HONG KONG.
4.
WE SUGGEST THAT THE PROVISION ON IMMUNITY FROM CIVIL
JURISDICTION PROPOSED IN PARA 4 OF PEKING TELNO 536 BE INSERTED
AFTER SUB-PARA 3 OF PEKING TELNO 44 AS NEW SUB PARA (4). WE HAVE
THE FOLLOWING COMMENTS:-
/41)
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CONFIDENTIAL