CONFIDENTIAL
GR 600
CONFIDENTIAL
FM HONG KONG 060740Z JUN 83
TELEGRAM NUMBER 765 OF 6 JUNE
TO PRIORITY FCO
INFO PRIORITY PEKING
Mr. McQuade
2
(31
Mr. Hoare
Pl. uninder.
PEKING TELNOS 48 AND 49 AND YOUR TELNO 473: CHINA VISA OFFICE. 1. THE CHINESE DRAFT NOTE IN PEKING TELNO. 49 GIVES US A NUMBER OF PROBLEMS, IN PARTICULAR BECAUSE THE WORDING OF OPERATIVE PARAGRAPHS 1, 2 AND 3 DEPARTS FROM AND IN SOME RESPECTS GOES BEYOND THE TERMS OF THE VIENNA CONVENTION ON CONSULAR RELATIONS (WHICH WILL, OF COURSE, PROVIDE THE BASIS FOR OUR OWN LEGISLATION). WE WOULD THEREFORE HAVE PREFERRED TO PROCEED ALONG THE LINES OF THE DRAFT IN YOUR TELNO 44. HOWEVER, WE ASSUME THAT THE NEGOTIATION OF AN AGREED TEXT WILL BE LESS TIME-CONSUMING IF THE CHINESE DRAFT IS TAKEN AS THE STARTING POINT.
2. SUBJECT TO YOUR VIEWS, WE SUGGEST THAT THE EMBASSY SHOULD PROPOSE THE FOLLOWING AMENDMENTS TO THE CHINESE DRAFT (DESIGNED TO REFLECT THE PROVISIONS OF THE VIENNA CONVENTION AND THE LANGUAGE OF OUR PROPOSED LEGISLATION):
135
10
Mr. Burns
will have
news
HKCK 349/1
RECEIVED IN REGISTRY 16 JUN 1983
IN (A) AT THE END OF THE INTRODUCTORY PARAGRAPH INSERT '' ADDITION TO THE UNDERSTANDING SET OUT IN THE MEMORANDUM LOE 23
SEPTEMBER 1981''.
DESK OFFICER
INDEX
(B) IN OPERATIVE PARAGRAPH ONE DELETE ALL AFTER ''THE BATTIS AUTHORITIES IN HONG KONG....'' AND INSERT ''THE VISA OFFICE WILL ENJOY THE FOLLOWING PRIVILEGES AND IMMUNITIES:
(1) INVIOLABILITY OF ITS PREMISES, DOCUMENTS AND ARCHIVES. (11) EXEMPTION FROM TAXES ON ITS ESTATES.
(111) PERSONAL INVIOLABILITY OF ITS CHINA-BASED OFFICERS AND THEIR DEPENDENTS WHO WILL NOT BE SUBJECT TO ARREST OR DETENTION IN ANY FORM, EXCEPT IN CASES OF GRAVE CRIME.
(IV) IMMUNITY OF CHINA-BASED OFFICERS FROM ADMINISTRATIVE AND JUDICIAL AUTHORITY IN PERFORMANCE OF THEIR OFFICIAL FUNCTIONS EXCEPT FOR A CONTRACT CONCLUDED IN ANY CAPACITY OTHER THAN AS AN AGENT OF THE PEOPLE'S REPUBLIC OF CHINA OR A CIVIL ACTION BY A THIRD PARTY FOR DAMAGE ARISING FROM AN ACCIDENT IN HONG KONG
CAUSED BY A VEHICLE.
(V) EXEMPTION FROM CUSTOMS DUTIES ON GOODS IMPORTED TO, EXPORTED FROM AND PURCHASED IN HONG KONG FOR OFFICIAL USE.
مه
(VI) EXEMPTION OF THE LUGGAGE OF ITS OFFICERS FROM SEARCH EXCEPT WHERE THERE ARE SERIOUS GROUNDS FOR INFERRING THAT IT CONTAINS ARTICLES WHOSE IMPORT OR EXPORT IS PROHIBITED BY THE LAW OF HONG KONG OR CONTROLLED BY THE LOCAL QUARANTINE REGULATIONS, IN WHICH CASE SEARCH SHOULD BE CARRIED OUT ONLY IN THE PRESENCE OF THE OFFICIALS CONCERNED OR REPRESENTATIVES APPOINTED BY THEM''
•
(C) SINCE OUR PROPOSED AMENDMENTS TO PRARGRAPH ONE WOULD COVER THE MATTERS DEALT WITH IN OPERATIVE PARAGRAPHS 2 AND 3 OF THE CHINESE DRAFT WE SUGGEST THAT THESE LATTER SHOULD BE DELETED. BUT IF THE CHINESE ATTACH IMPORTANCE TO IT WE SHOULD BE PREPARED TO RETAIN A REFERENCE TO (NEXT WORD UNDERLINED) CONSULTATION THROUGH DIPLOMATIC CHANNELS IN CASES OF CRIMINAL OR CIVIL
COMPLAINT.
CONFIDENTIAL
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