OO HONG KONG
GRS 507
CONFIDENTIAL
12593
1
HKK 040/53 ник
RECEIVED IN REGISTRY
2 6 OCT 1984
CONFIDENTIAL
FM FCO 250934Z
OCTOBER 84
DESK OFFICER
REGISTRY
INDEX
PA
TO IMMEDIATE HONG KONG
Action Taken
TELEGRAM NUMBER 2133 OF 25 OCTOBER
TO IMMEDIATE PEKING
43
HONG KONG TELNO 3301 AND PEKING TELNO 2551 HONG KONG AGREEMENT:
JOINT LIAISON GROUP : PRIVILEGES AND IMMUNITIES
1.
WE NEED TO LEGISLATE TO ACCORD DIPLOMATIC PRIVILEGES AND
IMMUNITIES TO THE FIVE CHINESE MEMBERS OF THE JOINT LIAISON GROUP
IN ORDER TO FULFIL OUR OBLIGATIONS UNDER PARAGRAPH 10 OF ANNEX II
ON THE JOINT LIAISON GROUP. THE ONLY ALTERNATIVE TO LEGISLATION,
AS YOU POINT OUT, WOULD HAVE BEEN TO SEEK CHINESE AGREEMENT THAT THEY WOULD INCLUDE THE FIVE CHINESE MEMBERS OF THE GROUP AS
MEMBERS OF THE STAFF OF THEIR EMBASSY WHENEVER THE GROUP MEETS IN
LONDON. WE CANNOT HOWEVER REQUIRE THEM TO DO THIS, AND TO BE
CERTAIN THAT WE CAN IMPLEMENT THE AGREEMENT WE NEED TO LEGISLATE
TO MEET THE CONDITIONS SET OUT IN IT. IN OUR VIEW, AS A MATTER
OF UNITED KINGDOM LAW AND OF INTERNATIONAL LAW, THE MERE POSSESSION OF A DIPLOMATIC VISA CARRIES NO ENTITLEMENT TO
DIPLOMATIC PRIVILEGES AND IMMONITIES. THE CHINESE SIDE ARE ALSO
OBLIGED TO ACCORD DIPLOMATIC PRIVILEGES AND IMMUNITIES TO THE FIVE BRITISH MEMBERS, INCLUDING ANY FROM THE HONG KONG GOVERNMENT WHEN
THE GROUP MEETS IN PEKING.
2. AS YOU SAY, LEGISLATION WOULD ALSO BE NEEDED IN HONG KONG BEFORE THE ENTRY INTO FORCE OF THE JOINT DECLARATION TO CONFER DIPLOMATIC
PRIVILEGES AND IMMUNITIES UPON THE FIVE CHINESE MEMBERS OF THE
GROUP WHEN IN HONG KONG. WE DO NOT BELIEVE THAT WE SHOULD SEEK
TO PERSUADE THE CHINESE TO ACCEPT THE SCALE OF IMMUNITIES LAID
DOWN IN THE VIENNA CONVENTION ON CONSULAR RELATIONS, AS PROVIDED FOR CHINA-BASED STAFF OF THE VISA OFFICE, SINCE THIS WOULD NOT COMPLY WITH PARAGRAPH 10 OF ANNEX II. WE DO NOT WISH TO ENCOURAGE
THE CHINESE TO REOPEN THE AGREEMENT. WE THEREFORE THINK YOU WILL
NEED TO LEGISLATE. WE WOULD BE GRATEFUL TO KNOW WHAT
LEGISLATION YOU WOULD PROPOSE TO
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