GRS 450
CONTIDENTIAL
(19)
copied to
Air Wignersley
Legal Advisers
HKK 349/1.
RECEIVED IN REGIS,
MARA 1
10 MAR
CONFIDENTIAL
FM HONG KONG 130925Z MAR 84
TO PRIORITY F C O
TELEGRAM NUMBER 666 OF 13 MARCH
INFO PRIORITY PEKING
(12
(16)
TO BEK
as
IN UK OFFIC
TORX
2.
13/
YOUR TELSNOS 323 TO HONG KONG AND 204 IO BEKING.
OFFICE IN HONG KONG.
VISA
1. WE ARE CONSIDERING URGENTLY SECURING EXCO'S APPROVAL FOR THE
ALTERNATIVE SYSTEM OF MONITORING DESCRIBED IN PARA 4 OF OUR TELNO
336.7
*
2. WE AGREE IN GENERAL WITH THE COMMENTS IN YOUR SECOND
TUR. WE SHOULD, IF POSSIBLE, PREFER TO STICK TO THE APPROACH
see (2
ENSHRINED IN THE EARLIER DRAFT IN PEKING TELNO 1345 OF 1983, 1.E. (108)
A GENERAL DESCRIPTION OF THE PRIVILEGES RATHER THAN SPELLING THEM
OUT IN THE MEMORANDUM. ONE WAY OF AVOIDING THE IMPLICATION IN
THE EARLIER DRAFT THAT THE VISA OFFICE STAFF WERE CONSULAR
OFFICERS WOULD BE TO AMEND ARTICLE 5 OF THAT DRAFT TO READ AS
FOLLOWS:
''THE SAME IMMUNITY FOR ITS OFFICERS FROM JURISDICTION OF THE
JUDICIAL AND ADMINISTRATIVE AUTHORITIES AS IS ACCORDED TO CONSULAR
OFFICERS UNDER ARTICLE 43 OF THE VIENNA CONVENTION.''
THIS SHOULD TRANSLATE MORE CLEARLY INTO CHINESE THAN THE PREVIOUS
CONDITIONAL CONSTRUCTION.
3. IF THE ABOVE PROVED UNACCEPTABLE TO THE CHINESE, WE COULD IN
PRINCIPLE ACCEPT A MEMORANDUM WHICH, INSTEAD OF REFERRING TO THE
RELEVANT PROVISIONS OF THE VIENNA CONVENTION, SPELT THEM OUT. BUT
THE EXACT WORDING OF THE CONVENTION WOULD HAVE TO BE USED. AS YOU
HAVE POINTED OUT IN PARAS 4-6 OF YOUR SECOND TUR THERE ARE
DISCREPANCIES BETWEEN THE CHINESE DRAFT AND THE CONVENTION, AND WE
AGREE THAT THESE NEED TO BE ELIMINATED. BY WAY OF FURTHER
ILLUSTRATION, IN PARA 4 OF THE CHINESE DRAFT THERE IS NO EXCEPTION
IN RESPECT OF ''GRAVE CRIME'' AS CONTAINED IN ARTICLE 41 OF THE
CONVENTION.
1
4. WE DO NOT IN ANY CASE MUCH LIKE PARA 4 OF THE CHINESE DRAFT.
SUCH PHRASES AS TREATING WITH DUE RESPECT' AND TAKING MEASURES
TO PREVENT ATTACKS ON THE FREEDOM OR DIGNITY OF THE OFFICE ARE VAGUE, AND MAY WELL BE DEFINED BY THE VISA OFFICE AND/OR THE
MINISTRY OF FOREIGN AFFAIRS IN WAYS WHICH WE MIGHT FIND DIFFICULT
TO ACCEPT.
CONFIDENT! ^L
15.