CONFIDENTIAL
PP PEKING
GRS 733
CONFIDENTIAL
FM FCO 191430Z OCT 84
TO PRIORITY PEKING
TELEGRAM NUMBER 1338 OF 19 OCTOBER
TO
11218 1
-
HKK: 040/53
RECEIVED IN REGISTRY
22 OCT 1984
DESK OFFICER
INDEX
PA
AND TO PRIORITY HONG KONG
HONG KONG AGREEMENT: JOINT LIAISON GROUP:
PRIVILEGES AND IMMUNITIES
·
1. WE ARE REQUIRED BY THE TERMS OF ANNEX II OF THE HONG KONG
AGREEMENT TO ACCORD DIPLOMATIC PRIVILEGES AND IMMUNITIES TO THE
FIVE CHINESE MEMBERS OF THE JOINT LIAISON GROUP. WE INTEND TO DO
THIS BY MEANS OF A CLAUSE IN THE HONG KONG BILL TO BE INTRODUCED
IN PARLIAMENT EARLY NEXT YEAR. WE UNDERSTAND THAT LEGISLATION
WILL ALSO BE REQUIRED IN HONG KONG.
2. THE AGREEMENT MAKES NO REFERENCE TO PRIVILEGES AND IMMUNITIES
FOR THE 20 SUPPORTING STAFF ON EACH SIDE, OR FOR THE EXPERTS WHO
MAY TAKE PART IN MEETINGS OF THE GROUP AND SUB-GROUPS. WE WILL
HOWEVER WISH TO ENSURE THAT THESE ANCILLARY STAFF ON THE BRITISH
SIDE ARE ADEQUATELY PROTECTED WHILE IN CHINA. WE ARE SENDING BY
BAG FOR YOUR BACKGROUND INFORMATION THE TEXT OF A PAPER WHICH
ADDRESSES THIS PROBLEM, BUT SHOULD BE GRATEFUL IN ADVANCE FOR
YOUR ADVICE ON A NUMBER OF POINTS.
3. WE HAVE EFFECTIVELY RULED OUT THE OPTION OF EXTENDING THE
CLAUSE IN THE HONG KONG BILL TO INCLUDE THESE ANCILLARY STAFF (IE
'SUPPORTING STAFF AND EXPERTS) ON THE CHINESE SIDE AND OF
SEEKING EQUIVALENT ACTION FROM THE CHINESE TO COVER OUR OWN
PERSONNEL. EVEN IF WE COULD POINT TO A PRIOR UNDERSTANDING WITH
THE CHINESE THAT THIS WAS OUR JOINT INTERPRETATION OF THE
AGREEMENT (AND IT MIGHT BE DIFFICULT OR TIME CONSUMING TO REACH
SUCH AN UNDERSTANDING) WE MIGHT STILL ENCOUNTER PARLIAMENTARY
DIFFICULTIES. THIS LEAVES US WITH 2 OPTIONS WHERE OUR ANCILLIARY
STAFF IN PEKING ARE CONCERNED:
(A)
CHINA,
TO TAKE NO ACTIVE STEPS TO SECURE THEIR IMMUNITY WHILE IN
OR
(B) TO NOTIFY THE CHINESE MFA THAT THEY WERE TEMPORARILY
1
CONFIDENTIAL
47
REGISTRY
Action Taken
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