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PARAGRAPH FOUR
and
Paragraph 4 of the Schedule accords diplomatic 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 me e t 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 the Bill accords diplomatic privileges
Hong Kong.
This section of
and immunities to the five Chinese members of the Group while in
London, in respect of acts performed in the exercise of their
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 Hong Kong representatives) equivalent diplomatic privileges and immunities in Peking. Chinese might however refuse to regard it as appropriate to grant
such privileges and immunities 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 cour se enjoy privileges and immunities in London or Hong Kong.
The
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:
personal inviolability, not liable to any form of arrest or
detention;
- inviolability of residence, eg a hotel room;
immunity from the criminal and civil jurisdiction of the courts, except where waived:
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