CONFIDENTIAL
12140
1
(D)
RELATING TO SUCCESSION IN WHICH THE OFFICER OF THE
VISA OFFICE IS INVOLVED AS EXECUTOR, ADMINISTRATOR, HEIR
OR LEGATEE AS A PRIVATE PERSON AND NOT ON BEHALF OF THE
MINISTRY OF FOREIGN AFFAIRS OF THE PEOPLE'S REPUBLIC OF
CHINA:
(E) RELATING TO ANY PROFESSIONAL OR COMMERCIAL ACTIVITY
EXERCISED BY THE OFFICER OF THE VISA OFFICE IN HONG KONG
OUTSIDE HIS OFFICIAL FUNCTIONS.
UNQUOTE
THESE ADDITIONAL EXCEPTIONS CORRESPOND TO SUB-PARAGRAPHS (A) TO
(C) OF ARTICLE 7(3) OF THE CONSULAR AGREEMENT, AND ARE A SLIGHTLY
MODIFIED VERSION OF PARAGRAPH 1, OF ARTICLE 31 OF THE VIENNA
CONVENTION ON DIPLOMATIC RELATIONS. IF THEY WERE NOT
INCLUDED, THE OFFICERS WOULD ENJOY IMMUNITIES GREATER THAN THOSE
ENJOYED BY ANY DIPLOMATIC AGENT IN THE UK. IT IS NECESSARY TO
ADD THEM NOW BECAUSE THE LIMITATION OF IMMUNITY TO OFFICIAL ACTS
HAS BEEN REMOVED IN RELATION TO HOLDERS OF DIPLOMATIC PASSPORTS
IN THE NEW CHINESE WORDING OF PARAGRAPH 5.
3. IF THE CHINESE ARE UNWILLING TO ACCEPT THE ADDITIONAL
EXCEPTIONS IN PARA 2(III) ABOVE, WE ARE READY TO GIVE YOU DISCRETION
TO AGREE TO THE CHINESE DRAFT AS IT STANDS, SUBJECT TO THE
AMENDMENTS IN PARAGRAPHS 2(1) AND (II) ABOVE, TO WHICH WE ATTACH
IMPORTANCE. GRATEFUL IF HONG KONG COULD CONFIRM DIRECT TO PEKING AS
SOON AS POSSIBLE THAT THIS IS ACCEPTABLE.
HOWE
NNNN
DISTRIBUTION
LIMITED
HKD
NTD
FED
PROTOCOL DEPT
CONSULAR DEPT
LEGAL ADVISERS
MVD
PS
PS/MR LUCE
SIR W HARDING
MR WILSON
LORD N GORDON LENNOX
-2-
CON. IDENTIAL