SOLUTION (IF THE CHINESE CAN BE PERSUADED TO AGREE) WOULD BE
TO LEGISLATE TO EXTEND TO CHINESE JLG MEMBERS THE PRIVILEGES
AND IMMUNITIES ALREADY PROVIDED FOR CHINA-BASED STAFF OF THE VISA OFFICE, AND TO DO SO SUFFICIENTLY EARLY FOR THE MEASURE TO COVER CHINESE JLG MEMBERS ATTENDING MEETINGS IN HONG KONG
BEFORE THE GROUP WAS PERMANENTLY BASED HERE. HOWEVER, THE
PRIVILEGES AND IMMUNITIES FOR THE VISA OFFICE WERE WORKED OUT BY
REFERENCE TO THE VIENNA CONVENTION ON CONSULAR RELATIONS RATHER
THAN THE CONVENTION ON DIPLOMATIC RELATIONS. IF THE CHINESE WISHED
TO HOLD US TO THE LETTER OF PARAGRAPH 10 OF ANNEX 11 WE WOULD
NEED TO ENACT SPECIAL LEGISLATION TO ACCORD THE APPROPRIATE
(FOLLOWING WORD UNDERLINED) DIPLOMATIC PRIVILEGES TO CHINESE
JLG MEMBERS.
4. THE SOLUTION FOR ANCILLARY STAFF IN HONG KONG WOULD DEPEND
ON:
(A) WHETHER THE CHINESE WERE PREPARED TO ALLOW ANCILLARY STAFF
IN PEKING TO ENTER ON DIPLOMATIC VISAS AS WELL AS BEING ATTACHED
TO THE EMBASSY:
AND
(B) WHETHER THE CHINESE WERE CONTENT WITH VISA OFFICE-STYLE
PRIVILEGES FOR THE CHINESE MEMBERS OF THE GROUP IN HONG KONG.
HOWEVER, OUR AIM (LOOKING AHEAD TO THE PERMANENT ESTABLISHMENT
OF THE JLG IN HONG KONG) WOULD BE TO LIMIT FULL DIPLOMATIC OR
VISA OFFICE-STYLE PRIVILEGES TO THE FIVE CHINESE MEMBERS OF THE
GROUP. WE SHOULD THUS PREFER TO SEE CHINESE SUPPORTING STAFF
COME HERE WITH OFFICIAL VISAS. THEY WOULD THEN ENJOY THE SAME DE
FACTO IMMUNITY WHICH OTHER MAINLAND-BASED OFFICIALS ALREADY ENJOY.
5. ALTHOUGH ANNEX 111 MAKES NO MENTION OF THE QUESTION, WE SHALL
NEED TO CONSIDER WHETHER PRIVILEGES AND IMMUNITIES SHOULD ALSO BE
GRANTED TO THE DESIGNATED CHINESE OFFICIALS OF THE LAND COMMISSION
WHICH, UNLIKE THE JLG, WILL BE ESTABLISHED IN HONG KONG AS SOON
AS THE AGREEMENT IS RATIFIED. AGAIN, THE SIMPLEST COURSE WOULD BE
TO GIVE DIPLOMATIC VISAS TO THESE OFFICIALS AND EXTEND TO THEM
BY LEGISLATION THE PRIVILEGES AND IMMUNITIES ENJOYED BY THE
CHINA-BASED STAFF OF THE VISA OFFICE. **NECESSARY SUPPORTING
STAFF WOULD BE GIVEN OFFICIAL VISAS. YOUDE
HONG KONG AGREEMENT
WAS NOT ADVANCED
LIMITED
HD/HKD
COPIES TO: (VIA ADR)
THIS TELEGRAM
HD/FED
MR ROBERTS, NEWS DEPT
HD/PLANNING STAFF
HD/PUSD
DEP HD/PUSD
PS
RESEARCH DEPT (MR WALKER)
PS/MR LUCE
PS/PUS
SIR W HARDING
SIR J FREELAND MR BOYD
MR FIFOOT, LEGAL ADVISERS MR BURROWS, LEGAL ADVISERS
MR MARTIN, ASST STAFF CABINET
OFFICE
MR CARTLEDGE, CABINET OFFICE MR COLVIN, CABINET OFFICE
SIR P CRADOCK, NO 10 DOWNING ST SIR P CRADOCK, ROOM K195
CONFIDENTIAL
}