CONFIDENTIAL
PARAGRAPH FOUR
the Schedule accords
diplomatic
Paragraph 4 of
and privileges.
immunities to the Chinese members of the Joint Liaison Group who
will attend meetings of the Group in London.
Paragraph 4 is designed to meet our obligations under paragraph 10 of Annex II to the Joint Declaration dealing with the Joint Liaison Group. This states that "Members of the Joint Liaison Group shall enjoy diplomatic privileges and immunities as appropriate when in the three locations". The three locations are London, Peking and
Hong Kong.
This section of the Bill accords diplomatic privileges
and immunities to the five Chinese members of the Group while in
London, in
of respect
acts performed in the
their exercise of
official functions. Hong Kong will have to legislate separately to accord the Chinese members of the Group diplomatic privileges and immunities while in Hong Kong until 1997. Thereafter the British members of the Group will enjoy diplomatic privileges and immunities in Hong Kong. We will expect the Chinese to accord the five UK
members of the Group (including any
any Hong
Hong Kong representatives) equivalent diplomatic privileges and immunities in Peking. The Chinese might however refuse to regard it as appropriate to grant
such privileges and immunities to
to any members of the Group from Hong
Kong whom they regard as Chinese nationals.British and Hong Kong members of the Group will not of course enjoy privileges and
immunities in London or Hong Kong.
The
obligation in paragraph 10 of Annex II is fairly widely drawn, and so paragraph 4 of the Schedule also draws diplomatic privileges and immunities fairly widely. It provides that the Diplomatic Privileges Act of 1964 will apply to the five Chinese members of the Group. This me an s that they will enjoy all the normal privileges
and immunities enjoyed by diplomats attached to an Embassy in London. The principal privileges and immunities concerned are:
liable το any form of
-
personal inviolability,
detention;
not
inviolability of residence, eg a hotel room;
immunity from the criminal and civil
except where waived:
arrest or
jurisdiction of the
of the courts
CONFIDENTIAL