HKK Baq/1 BD See (1981)

over X1

see YI

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163

HICK 349/1

(1981)

CONFIDENTIAL

GRS 500

CONFIDENTIAL

FROM PEKING 040820Z MAY 63

TO PRIORITY HONG KONG

TELEGRAM NUMBER 43 OF 4/5/83

тор

серу

REPEATED FOR INFO TO FCO

14\

CHINESE VISA OFFICE

MY TEL NO 42;

1.

R+R pl. together with

Хе

X+X. 2515

기동

HKCK 349/1

RECEIVED IN REGISTRY

05 MAY 183

SK OFFICER

WE HAVE NOW STUDIED PREVIOUS PAPERS, AND IN PARTICULAR DAVID WILSON'S LETTER OF 4 MAY 1981 TO CLIFT, WHICH SET OUT

건강

THE OPTIONS ON LEGISLATION FOR THE PRIVILEGES AND IMMUNITIES OF

THE CHINESE VISA OFFICE.

2. THE PREFERENCE EXPRESSED IN THAT LETTER WAS FOR

Arists

20

See (19)

copied to Miss V. Steele. NTD. 16/6

A SEPARATE SELF-CONTAINED BILL EXTRACTING FROM THE CONSULAR

PRIVILGES ORDNANCE THE PRIVILEGES AND IMMUNITIES WHICH THE CHINESE

HAD REQUESTED. THERE IS HOWEVER NOW A DANGER IN THIS: IF WE

PREPARE SPECIAL LEGISLATION FOR THE VISA OFFICE THE CHINESE MAY SEEK TO INCORPORATE IN IT SOME OF THE PROVISIONS OF THE DRAFT

UK/CHINA CONSULAR AGREEMENT WHICH IN SOME RESPECTS GO WELL

BEYOND THE VIENNA CONVENTION ON CONSULAR RELATIONS. THIS WOULD

NO DOUBT BE AWKWARD VIS A VIS THE EXISTING CONSULATES IN HONG KONG.

IN THE CIRCUMSTANCES WE THINK THAT THE BEST APPROACH MIGHT BE THAT

CONTAINED IN PARA 6 OF LETTER UNDER REFERENCE WHICH ENVISAGES

A SHORT BILL SAYING THAT CERTAIN OR ALL SECTIONS OF THE CONSULAR

PRIVILEGES ORDNANCE MAY BE APPLIED TO THE VISA OFFICE. WE PRESUME

THAT NOW THAT THE VISA OFFICE IS FAMILIAR TO THE HONG KONG PUBLIC

THE ARGUMENTS AGAINST THAT COURSE WILL BE LESS STRONG.

3. THE CHINESE ARE BOUND TO WANT SOMETHING IN WRITING ON THIS.

WE SUGGEST THAT THE BEST WAY TO DEAL WITH THIS WOULD BE TO

REVERT TO THE EARLIEST CHINESE REQUEST FOR PRIVILEGES AND IMM-

UNITIES FOR THE VISA OFFICE AND TO OFFER A DRAFT MEMORANDUM BASED

ON IT, IN EFFECT ENLARGING ON THE MEMORANDUM OF 23 SEPTEMBER 1981

UNDER WHICH THE VISA OFFICE WAS ESTABLISHED. THE EARLIEST CHINESE DRAFT MEMORANDUM WE CAN FIND IS THAT SENT BY THE CHINESE EMBASSY

IN LONDON TO THE FCO IN NOVEMBER 1980 (FCO TEL NO 1043 OF 1980

TO HONG KONG), THOUGH WE THINK THERE WERE SOME EARLIER COMMUNIC—

ATIONS ON THE SUBJECT. BASED ON THIS DOCUMENT WE HAVE HAD A SHOT

AT DRAFTING A MEMORANDUM OF THE TYPE ENVISAGED ABOVE. FULL TEXT

IN MIFT. NB DOUBT IT CAN BE IMPROVED AND THERE MAY INDEED

BE SPECIFIC OJBECTIONS TO THE LANGUAGE IN IT WHICH WERE NOT

RECORDED AT THE TIME.

CONFIDENTIAL

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