CONFIDENTIAL
5. WE TOLD ME XU THIS MORNING THAT WE WERE QUITE HAPPY TO CONTINUE TO DISCUSS THE QUESTION OF THE VISA OFFICE IN HONG KONG, BUT THAT IT WAS NOT APPROPRIATE TO DO SO IN THE CONTEXT OF THE DRAFT. CONSULAR AGREEMENT, SINCE THIS WOULD APPLY ONLY IN THE UK AND NOT IN HONG KONG. THEREFORE THIS AGREEMENT WOULD BE OF NO ASSISTANCE TO THE CHINESE IN THEIR ATTEMPT TO SEEK PRIVILEGES AND IMMUNITIES FOR
THE VISA OFFICE IN HONG KONG.
1
6. THE CHINESE AT ONE STAGE APPEARED TO BE SAYING THAT THEY DID VANT THE AGREEMENT TO BE APPLIED TO HONG KONG, BUT ON SEING PRESSED THEY MODIFIED THIS TO SAY THAT THEY ONLY WANTED ARTICLE 10 OF THE AGREEMENT TO BE APPLIED. WE POINTED OUT THE ABSURD!TY OF THIS, AND SAID THAT THE CONVENTION EITHER APPLIED TO HONG KONG IN ITS ENTIRETY OR NOT AT ALL. ARTICLE 10 COULD NOT BE APPLIED
IN VACUO.
7. THE CHINESE EVENTUALLY SAID THAT THEY WOULD RECONSIDER THEIR POSITION, BUT THEY INDICATED THAT THEIR VIEWS HAD NOT CHANGED AND THAT THEY THOUGHT THIS WOULD PROVE A MAJOR AREA OF DIFFERENCE
BETWEEN THE TWO STATES.
3. COMMENT
THIS LOOKS LIKE AN ILL ILL THOUGHT-OUT ATTEMPT BY THE CONSULAR DEPARTMENT, WHO APPEAR TO BE CONDUCTING THESE NEGOTIATIONS MORE OR LESS AS AN INDEPENDENT ENTITY, TO SECURE AN OBLIGATION ON OUR PART TO GIVE THEM THE PRIVILEGES AND IMMUNITIES FOR THE VISA OFFICE IN HONG KONG WHICH THEY HAVE BEEN SEEKING. WE DOUBT WHETHER IT HAS RECEIVED FULL POLITICAL CLEARANCE, AND WE FIND IT VERY UNLIKELY THAT THE CHINESE GOVERNMENT WOULD REALLY WISH TO HAVE
A BILATERAL CONSULAR AGREEMENT APPLIED TO HONG KONG.
THE CONSULAR DEPARTMENT APPEWA NOT TO HAVE APPRECIATED
THAT AS DRAFTED BY THE CHINESE THE AGREEMENT WOULD NOT HAVE ANY
EFFECT ON THE POSITION IN HONG KONG.
9. WE SHALL NOW HAVE TO SEE WHETHER THE POINTS WE MADE THIS MORNING MAKE ANY IMPRESSION. IT IS DIFFICULT TO SEE HOW WE CAN MODIFY OUR POSITION: WHOMERSLEY'S ADVICE IS THAT UK LAW
WOULD NOT ALLOW US TO ACCEPT THE CHINESE DRAFT ON ARTICLE 10 AS IT STANDS BECAUSE THERE IS NO MEANS OF GIVING PRIVILEGES AND IMMUNITIES TO ORGANS OTHER THAN EMBASSIES OR CONSULAR POSTS. THERE IS NOW A SERIOUS DANGER WHOEVER THAT THE CONSULAR DEPARTMENT HAVE GOT IN SO DEEP THAT THEY WILL INSIST OF MAKING A LINK BETWEEN THIS AGREEMENT AND THE QUESTION OF PRIVILEGES AND
IMMUNITIES FOR THE VISA OFFICE IN HONG KONG.
CRADOCK
LIMITED
PSD
FED
NTD
CONS D
PCD
HK+&D
OED
POD
·PPD
LEGAL ADVISERS
PS/LORD AGLSTEAD
PS/PUS
CHIGE CLERK MR GIFFARD
MR.DONALD MR STREETON
2. CONFIDENTIAL
:)