GPS 800
CONFIDENTIAL
CONFIDENTIAL
FM HONG KONG 24064OZ OCT 84
TELEGRAM NUMBER 3301 OF 24 OCTOBER
TO PRIORITY FCO
INFO PRIORITY PEKING
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040/53
RECEIVED IN REGISTRY 2 4 OCT 1984
DESK-OFFICER,
INDEX
TAX
13.xdoli raken
PA
GK 24 μ
43
YOUR TELNO 1338 AND PEKING TELNO 2651: HONG KONG AGREEMENT:
JOINT LIAISON GROUP: PRIVILEGES AND IMMUNITIES
1. WE ARE NOT CLEAR WHY YOU THINK IT NECESSARY TO ACCORD DIPLOMATIC PRIVILEGES AND IMMUNITIES TO THE CHINESE MEMBERS
OF THE JLG BY MEANS OF LEGISLATION. UNTIL IT MOVES PERMANENTLY
INTO HONG KONG THE GROUP PRESUMABLY WILL MEET FOR NO MORE THAN
A FEW DAYS AT A TIME, AND THERE ARE UNLIKELY TO BE MORE THAN TWO
OR THREE MEETINGS IN EACH OF THE THREE LOCATIONS IN ANY ONE YEAR.
AS FAR AS LONDON AND PEKING ARE CONCERNED, WOULD IT NOT BE SUFF-
ICIENT TO REACH AN UNDERSTANDING WITH THE CHINESE THAT MEMBERS
OF THE GROUP WOULD BE ISSUED WITH DIPLOMATIC VISAS AND WOULD
BE ATTACHED TO THEIR EMBASSY WHEN THEY ARE NOT IN THEIR OWN
CAPITAL? THE UNDERSTANDING WOULD OF COURSE HAVE TO APPLY, ON THE BRITISH SIDE, TO (FOLLOWING WORD UNDERLINED) ALL MEMBERS OF THE GROUP, WHETHER THEY WERE BRITISH GOVERNMENT OFFICIALS OR FROM
HONG KONG. WE SHOULD NOT ALLOW THE CHINESE TO DRAW A DISTINCTION
BETWEEN BRITISH AND HONG KONG GOVERNMENT OFFICIALS, GIVING DIPLOMATIC VISAS TO THE FORMER AND OFFICIAL (GONGWU) VISAS TO THE
LATTER.
2. THERE COULD BE SIMILAR ARRANGEMENTS MUTATIS MUTANDIS FOR
SUPPORTING STAFF AND EXPERTS. IN PRACTICE WE THINK IT MOST
UNLIKELY THAT HONG KONG GOVERNMENT OFFICERS WHO WERE IN
PEKING IN CONNECTION WITH THE WORK OF THE JLG WOULD EXPERIENCE
ANY DIFFICULTIES, WHETHER THEY WERE LOCAL OR EXPATRIATE AND
WHATEVER VISAS THEY WERE GIVEN. IN THE LIGHT OF PEKING TELEGRAM
UNDER REFERENCE THE IDEAL SOLUTION, WOULD BE FOR ALL ANCILLARY STAFF TO BE ATTACHED TO THE EMBASSY AND BE GIVEN DIPLOMATIC VISAS. OFFICIAL VISAS WOULD HOWEVER PROBABLY BE SUFFICIENT PROVIDED THAT (FOLLOWING WORD UNDERLINED) ALL ANCILLARY STAFF, INCLUDING ANY DIPLOMATIC SERVICE STAFF, WERE TREATED IN THE SAME WAY (ALL HONG KONG GOVERNMENT OFFICERS ATTACHED TO THE EMBASSY FOR
THE WORKING AND AD HOC GROUPS EXCEPT FOR THE POLITICAL ADVISER WERE ISSUED WITH OFFICIAL AND NOT DIPLOMATIC VISAS. ARGUABLY WE SHOULD HAVE TAKEN THIS UP AT THE TIME, BUT NOONE EXPERIENCED ANY DIFFICULTIES AND ALL WERE SUBSEQUENTLY GIVEN REGISTRATION
VISAS).
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3. AS YOU RECOGNISE, THE POSITION IN HONG KONG IS DIFFERENT
SINCE THERE IS NO CHINESE DIPLOMATIC MISSION HERE AND NO
PROVISION IN HONG KONG LEGISLATION FOR DIPLOMATIC PRIVILEGES AND IMMUNITIES. LEGISLATION WILL BE NEEDED TO ENSURE THAT CHINESE JLG MEMBERS ENJOY THE APPROPRIATE PRIVILEGES AND IMMUNITIES
ONCE THE GROUP IS ESTABLISHED IN HONG KONG. THE SIMPLEST
CONFIDENTIAL
SOLUTION