GRS 1500
CONFIDENTIAL
DESKBY 06093QZ
CONFIDENTIAL
FM HONG KONG 060800Z APR 84
TC IMMEDIATE F C O
TELEGRAM NUMBER 941 OF 6 APRIL
32 MIPT:
CHINESE VISA OFFICE IN HONG KONG
FOLLOWING IS TEXT OF PROPOSED EXCO MEMORANDUM
BEGINS.
THE CHINESE VISA OFFICE IN HONG KONG
INTRODUCTION
HKK 349/1
RECEIVED IN REGISTRY
1 1 APR 1234
DESK OFFSA
INCLA
س
THE PURPOSE OF THIS MEMORANDUM IS TO SEEK MEMBERS' ADVICE ON
THE CONCLUSION OF AN EXCHANGE OF NOTES COVERING THE PRIVILEGES AND
IMMUNITIES TO BE ENJOYED BY THE VISA OFFICE, AND THEIR APPROVAL FOR A MODIFIED SYSTEM OF MONITORING THE ISSUANCE OF REPLACEMENT
PASSPORTS BY THE CHINESE VISA OFFICE IN HONG KONG. THE REASON FOR PUTTING THE MATTER TO THE COUNCIL NOW IS BECAUSE IT IS HOPE THAT THE EXCHANGE OF NOTES AND SIGNATURE OF THE UK/CHINA CONSULAR AGREEMENT WHICH IS ALSO UNDER NEGOTIATION MIGHT TAKE PLACE DURING THE
SECRETARY OF STATE'S VISIT TO PEKING (SEE PARA 4 BELOW).
BACKGROUND
2. MEMBERS LAST CONSIDERED THE SUBJECT ON 27 APRIL 1983 WHEN THEY DISCUSSED MEMORANDUM XCCI(83)49. IT WAS THEN AGREED THAT THE EMBASSY IN PEKING SHOULD BE AUTHORIZED TO AGREE TO SEPARATE TALKS ON PRIVILEGES AND IMMUNITIES, AND TO INDICATE THE HONG KONG GOVERNMENTS WILLINGNESS IN PRINCIPLE TO ENACT SPECIAL LEGISLATION, IF IT BECAME CLEAR THAT THIS AGREEMENT WAS THE FINAL OBSTICAL TO THE CONCLUSION OF A CONSULAR AGREEMENT, AND SUBJECT TO CERTAIN
CONDITIONS.
THE PRESENT SITUATION
3. AS THE RESULT OF LENGTHY NEGOTIATIONS BETWEEN THE EMBASSY AND THE CONSULAR DEPARTMENT OF THE CHINESE FOREIGN MINISTRY IN PEKING WE ARE VERY CLOSE TO AN AGREEMENT ON THE WORDING OF AN EXCHANGE OF NOTES COVERING THE PRIVILEGES AND IMMUNITIES FOR THE VISA OFFICE. HONG KONG LEGISLATION WOULD SUBSEQUENTLY BE ENACTED TO ACCORD THE AGREED PRIVILEGES AND IMMUNITIES TO THE VISA OFFICE. THE COUNCIL'S PERMISSION TO INTRODUCE THE BILL INTO THE LEGISLATIVE COUNCIL WOULD BE SOUGHT IN DUE COURSE. A PRELIMINARY DRAFT BILL, PREPARED IN 1981, WAS ATTACHED TO MEMORANDUM XCC1(83)19 FOR ILLUSTRATIVE PURPOSES. THE FORMAT OF THE BILL TO BE INTRODUCED IS NOW LIKELY TO BE DIFFERENT: IT WILL SPELL OUT THE PRIVILEGES AND IMMUNITIES, USING WHEREVER POSSIBLE THE' LANGUAGE OF THE RELEVANT PARTS OF THE VIENNA CONVENTION ON CONSULAR RELATIONS. THE PURPOSE REMA INS
THAT OF GRANTING A DEGREE OF PRIVILEGE AND IMMUNITY NO GREATER THAN IS AVAILABLE TO CONSULATES AND COMMISSIONS IN HONG KONG,
CONFIDENTIAL
14. SUBJECT.
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