(21)
GRS 450
CONFIDENTIAL
CONDENTIAL
DESK BY 03110OZ F C O
FM HONG KONG 030955Z APR 84
TO IMMEDIATE F C O
TELEGRAM NUMBER 914 OF 3 APRIL
INFO IMMEDIATE PEKING
(25).
HKK 349/1
RECEIVED IN REGIST
3
YOUR TELNO 613 CHINESE VISA OFFICE IN HONG KONG.
الله
1. WE WILL NEED TO CONSULT EXCO AGAIN BEFORE THE MEMORANDUM ON THE
VISA OFFICE IS SIGNED. THE LAST OPPORTUNITY TO DO THIS BEFORE THE
SECRETARY OF STATE'S VISIT WILL BE ON TUESDAY 10 APRIL. WE WOULD
THEN SEEK THE COUNCIL'S AGREEMENT TO THE ALTERNATIVE SYSTEM OF
MONITORING THE ISSUE OF PASSPORTS BY THE VISA OFFICE SUGGESTED IN
PARA 4 OF MY TELNO 336. WE HAVE DELAYED GOING BACK TO THEM ON THIS SPECIFIC ISSUE PENDING AGREEMENT ON THE MEMORANDUM.
2. ON POINTS OF DETAIL:
(A) WE ACCEPT ON REFLECTION THAT IT WOULD BE UNWISE TO RISK THE LONG
DELAY WHICH WOULD BE INVOLVED IN THE APPROACH SUGGESTED IN OUR
(19) TELNO 666. WE THEREFORE ACCEPT THAT THE MEMORANDUM SHOULD ITSELF
SPELL OUT THE PRIVILEGES AND IMMUNITIES TO BE ENJOYED, AND THAT,
APART FROM THE EXCEPTION RELATING TO ''GRAVE CRIME'', (WHICH
WE AGREED WAS CONCEDE EARLIER) THIS SHOULD CONFORM AS CLOSELY
AS POSSIBLE TO THE LANGUAGE OF THE VIENNA CONVENTION.
(B) THE POINT ABOUT IMPRISONMENT FOR DEBT NEED NOT (NOT) BE RAISED
WITH THE CHINESE: ALTHOUGH CONSULAR OFFICERS IN HONG KONG ARE
NOT IN FACT EXEMPT FROM LIABILITY ARISING FROM CIVIL MATTERS
NOT CONNECTED WITH THEIR OFFICIAL FUNCTIONS, AND COULD IN THEORY
BE ARRESTED AND IMPRISONED FOR A SHORT PERIOD UNDER LEGISLATION
RELATING TO CIVIL CLAIMS, THE LIKELIHOOD OF THIS IS SLIGHT.
THE EXISTENCE OF THESE PROVISIONS HAS NOT GIVEN RISE TO PROBLEMS
WITH THE CONSULAR CORPS.
3. THERE IS OF COURSE NO QUESTION OF PASSING THE NECESSARY
LEGISLATION IN HONG KONG BEFORE, THE SECRETARY OF STATE'S VISIT
(PARA 1 OF PEKING TELNO 621). IT HAS HOWEVER ALWAYS BEEN OUR
UNDERSTANDING THAT AGREEMENT ON THE MEMORANDUM WAS THE PRECONDITION
FOR SIGNATURE OF THE CONSULAR AGREEMENT, NOT THE ENACTMENT OF
LEGISLATION IN HONG KONG. WE HAD THE IMPRESSION THAT THE CHINESE
HAD ACCEPTED THAT THE LEGISLATION WAS A MATTER FOR THE HONG KONG
GOVERNMENT AND THAT WE COULD BE RELIED UPON TO FULFILL THE
PROVISIONS OF THE MEMORANDUM ONCE AGREED:
CON.IDENTIAL
14. GRATEFUL
24