Reference
HKK 349/1
RECEIVED IN REGISTRY
- 7 JUL 1983
1.54
DESK OFFICER
REGIS, AY
INDEX
PA
Action Taken
Miss Walker, HKD
CHINESE VISA OFFICE IN HONG KONG
1.
I refer to your minute of 5 July enclosing draft teleletters to Peking giving FCO views on the proposed Understanding and a suggested text.
2.
Miss Steele, Treaty Section, will be commenting to you direct about the wording of paragraph 1 of the first teleletter and the formal aspects of the draft Note to the Chinese. I have the follow- ing observations to make on paragraphs 2 to 5 of your draft:
Paragraph 2(2): Exemption from Taxation of Real Property
I
I certainly agree that the term 'estates' should be eliminated. However, the substitution of 'premises' will not result in a formula which entirely conforms to Article 32(1) of the VCCR, since the latter provision confers tax exemption not only in relation to the 'consular premises' as defined in Article 1(1)(j) but also in relation to 'the residence of the career head of consular post'. do not know if Hong Kong would be prepared to grant the Chinese the full equivalent of the VCCR scale. If so, perhaps the clause could read on the following lines: 'Exemption from taxation on its premises and on the residence of the officer in charge.
Paragraph 2(3): Personal Inviolability
I think that just as your comment on draft paragraph 2(1) indicates that the clause is acceptable to us even though it goes beyond the provisions of the VCCR, so your comment on draft paragraph 2(3) should do the same. In addition, perhaps it is a little too superlative to include 'much' before 'more comprehensive'
Paragraph 2(4): Exemption from Customs Duties
In subparagraph (ii), second line, spell 'Consular employees' and 'Service Staff' with small initial letters (though the technology used in transmitting the teleletter may not allow for such refine- ments!)
Paragraph 4: Immunity from Civil Jurisdiction
There is an error in subparagraph (i). In the fourth line, 'Article 31(1)(a) to (c) and (3) of VCCR' should correctly read 'Article 31.1 (a) to (c) and (3) of Vienna Convention on Diplomatic Relations'. At the end of the first line of subparagraph (ii) 'Consular' should be given a small initial letter.
Paragraph 5: Personal Protection
↑
As there were two memoranda in 1981 I suppose that the third line should say 'the memorandum of 23 September 1981'. I should prefer which at present contains no such clause, despite our efforts to see one included. (The normal provision
)'.
that the last sentence ends:
Call flower
R S Glover NTD CL 535 213-6192
/Copies to:
CODE 18-77 6 July 1983