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4.
The options open to us, together with their advantages and disadvantages, are discussed below.
OPTION A
5. We could make no particular provision for these persons when they are in Peking. They are not entitled to immunity under the Vienna Convention on Diplomatic Relations or any other treaty. It is by no means clear whether as a matter of customary international law diplomats and officials on temporary mission in a
a country where they are not accredited enjoy any immunity. While one cannot be certain what view the UK courts would take, it is very unlikely that they would accord immunity. The Chinese view of this matter i s not known. However our impression is that the Chinese authorities in practice regard those to whom a diplomatic or service visa has been granted as enjoying a degree of de facto immunity. (The Embassy in Peking should be invited to comment on the likely Chinese attitudes). This might well meet our requirements so far as the protection of our staff in China is concerned, although Chinese personnel in London would be unlikely to receive reciprocal treatment. The Hong Kong Government and Peking should be
ld be asked to consider what might be done in respect of Hong Kong particpants on the British side. (We believe that when such officers were in Peking to participate in the working group and the Ad Hoc group during negotiation of the Hong Kong agreement they had no more than the standard visitors' visa).
6.
(i)
(ii)
(i)
The advantages of this option are that:
the Bill would not need to be extended to cover more than the five full members of the group explicitly covered by the provisions of Annex II.
there should be no need for difficult or time consuming discussions with the Chinese as might be the case with the
other options.
The disadvantages of the option are that:
if the Chinese took a similar line of non-action when Chinese
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