GRS 310
CONFIDENTIAL
FM HONG KONG
CONFIDENTIAL
TO PRIORITY FCO
TELNO 096
HKK.
175
12
}
OF 10040OZ JANUARY 87
INFO PRIORITY PEKING
14 JAN 1987
•
YOUR TELNO 38: POST OF MARINE ADVISER
.....
TOP COPY Q DIST 7
WE HAVE INITIATED DRAFTING A NOTE FOR PEKING AS REQUESTED.
POINTS ARE RELEVANT WHICH MAY NOT BE CLEAR FROM OUR TELNO 4297:-
(A) CHAN'S APPOINTMENT AS PERMANENT REPRESENTATIVE NEED NOT NECESSARILY COINCIDE WITH HIM TAKING UP HIS POSITION AT THE HONG KONG OFFICE IN LONDON: AND
TWO
(B) ARTICLE 13 BIS 5 OF THE 1968 AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE INTER-GOVERNMENTAL MARITIME CONSULTATIVE ORGANISATION STATES THAT CITIZENS OF THE UK AND COLONIES SHALL NOT ENJOY ANY DIPLOMATIC PRIVILEGES AND IMMUNITIES. WE ASSUME THAT NOW MEANS BRITISH CITIZENS SHALL NOT ENJOY SUCH PRIVILEGES AND IMMUNITIES. WE ARE THEREFORE NOT PROPOSING THAT MR. CHAN HIMSELF (A BRITISH CITIZEN)
BE GRANTED SUCH PRIVILEGES AND IMMUNITIES.
?
·
2. AS REGARDS ANY FUTURE INCUMBENT, WHO MIGHT NOT BE A BRITISH CITIZEN, THE QUESTION WOULD ARISE AS TO WHETHER HE WAS A REPRES- ENTATIVE OF THE UNITED KINGDOM WITHIN THE MEANING OF ARTICLE 13
BIS 5. IN VIEW OF THE FACT THAT UP TO 1997 ANY SUCH REPRESENTATIVE
WOULD BE ACTING UNDER POWERS DELEGATED TO HIM BY THE UK, WE SUPPOSE
IT MIGHT BE ARGUED THAT HE WAS A REPRESENTATIVE OF THE UNITED
KINGDOM'', IN WHICH CASE HE WOULD NOT BE ENTITLED TO DIPLOMATIC
PRIVILEGES AND IMMUNITIES WHATEVER HIS NATIONAL STATUS WAS.
MOREOVER SINCE ANY CLAIM FOR SUCH A REPRESENTATIVE TO HAVE PRIVILEGES
AND IMMUNITIES MIGHT CAUSE DIFFICULTIES WITH THE CHINESE, AND SINCE WE SEE NO PRACTICAL NEED TO MAKE SUCH A CLAIM, WE DO NOT
PROPOSE TO DO SO AT THIS STAGE. IF WE COULD INFORM THE CHINESE OF
THIS FACT, IT WOULD NO DOUBT ALLAY THEIR FEARS. IT WOULD ALSO
REMOVE THE DIFFICULTIES IN PARA. 1(B) OF YOUR TUR.
3. THE HKSAR MIGHT OF COURSE WISH TO CLAIM PRIVILEGES AND IMMUNITIES FOR A REPRESENTATIVE TO IMO FROM THE HKSAR AFTER 1997, WHEN THE
ABOVE CONSIDERATIONS WOULD NOT APPLY.
4.
GRATEFUL FOR ANY FURTHER VIEWS.
7017
AKERS-JONES HMLN AN LIMITED
HKD
MAED
UND
MR WILSON
MR SLATER
CONFIDENTIAL
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