A
83
Reference GNT 401/301/1
Sesu
Mrs T Coe, FED
HKK 349
RECEIVED IN REGISTRY
-
6 DEC 1984
REGISTAY
PA
/ ction Taken
DESK OFFICER
INDEX
futter
UK/CHINA CONSULAR AGREEMENT AND UNDERSTANDING ON PRIVILEGES AND
IMMUNITIES FOR THE CHINESE VISA OFFICE IN HONG KONG
1.
G&
Thank you for sending me yesterday copies of Peking telnos.2801 and 2802 of 21 November, together with Hong Kong to Peking telno.1338 of 28 November, none of which I had previously seen.
Peking telno.2801
80
2. In paragraph 2 of this telegram Peking suggest that the notifica- tion to be made by the Ambassador under Article 11 of the Consular Agreement should be addressed to the Director of the Consular Department of the MFA. I am informed by the Treaty Section of this Department that, subject to local practice, the correct degree of formality for a communication of this kind is for the Ambassador to send a first-person Note to the Minister for Foreign Affairs and I have taken this into consideration when commenting on the draft shown in Peking telno.2802.
Peking telno.2802
3. As regards that part of the draft notification which relates to the Consular Agreement, I have the following comments to offer. Article 11 of the Agreement does not provide for notification of the precise date on which the procedures required by national law are completed, but only notification of the fact that they have been completed. I should therefore prefer that, in the first sentence, the words 'on [date]' be omitted and that the last two words of the sentence be changed from 'were completed' to 'have been completed'. Secondly, it is not usual to speak of 'British law' but rather 'the law of the United Kingdom'. Thirdly, I am not in favour of the inclusion of the phrase 'consequent upon the signature of this Agreement', since it introduces wording which does not appear in Article 11. Finally, in the second sentence of the draft, the combination of the phrase 'receiving notification' and 'when' conveys the false meaning that the Agreement enters into force on the date of receipt of the Chinese notification, whereas Article 11 provides that it shall enter into force on the date which the notification bears. I suggest:
the procedures required by
the law of the People's Republic of China. In accordance with Article 11 the Agreement shall enter into force on the date of that notification'.
4.
I have discussed the above proposals for amendment with Mr Whomersley, Legal Advisers, who concurs. A revised draft incorporating these suggestions in the form of a first-person Note is enclosed. As you may see from its second paragraph, I have intro- duced some changes which, at first sight, Mr Whomersley and I thought necessary. However, HKD are responsible for this particular part of the draft and will wish to consider the acceptability of these changes. I think it would be a wise precaution if the draft as a whole were then shown to Mr Whomersley for his final approval.
CODE 18-77
Hong Kong telno.1338