3.-(1) If it appears to Her Majesty that the privileges and immunities
accorded to a mission of Her Majesty in the terri- tory of any State, or
to persons connected with that mission, are less than those conferred by
this Act on the mission of that State or on persons connected with that
mission, Her Majesty may by an Order in Council withdraw such of the
privileges and immunities so conferred from the mission of that State or
from such persons connected with it as appears to Her Majesty to be
proper.
(2) An Order in Council under this section shall be dis- regarded for
the purposes of paragraph (a) of the proviso to 11 & 12 Geo. section 4
of the British Nationality Act 1948 (citizenship of
children of certain persons possessing diplomatic immunity).
6. c. 56.
Diplomatic Privileges Act 1964
CH. 81
4. If in any proceedings any question arises whether or not Evidence.
any person is entitled to any privilege or immunity under this Act a
certificate issued by or under the authority of the Secretary of State
stating any fact relating to that question shall be conclusive evidence
of that fact.
3
نيا
(1) In section 14(1) of the Aliens Restriction (Amend. Consequential
ment) Act 1919 (saving for diplomatic persons) for the words amendments.
head of a foreign diplomatic mission or any member of his 9 & 10 Geo. 5.
official staff or household" there shall be substituted the words c. 92.
"member of a mission (within the meaning of the Diplomatic Privileges
Act 1964) or any person who is a member of the family and forms part of
the household of such a member
13
LE
14
(2) In paragraph (a) of the proviso to section 4 of the British
Nationality Act 1948 for the words from " possesses such immunity to His
Majesty there shall be substituted the words "is a person on whom any
immunity from jurisdiction is conferred by or under the Diplomatic
Privileges Act 1964 or on whom such immunity from jurisdiction as is
conferred by that Act on a diplomatic agent is conferred by or under any
other Act".
6.-(1) No recommendation shall be made to Her Majesty Orders in in
Council to make an Order under section 2 of this Act unless Council, a
draft thereof has been laid before Parliament and approved by resolution
of each House of Parliament; and any statutory instrument containing an
Order under section 3 of this Act shall be subject to annulment in
pursuance of a resolution of either House of Parliament.
(2) Any power to make an Order conferred by the foregoing provisions of
this Act includes power to vary or revoke an Order by a subsequent
Order.
7. (1) Where any special agreement or arrangement Saving for between the
Government of any State and the Government of certain the United Kingdom
in force at the commencement of this bilateral Act provides for
extending-
(a) such immunity from jurisdiction and from arrest or detention, and
such inviolability of residence, as are conferred by this Act on a
diplomatic agent; or
(b) such exemption from customs duties, taxes and related charges as is
conferred by this Act in respect of articles for the personal use of a
diplomatic agent;
to any class of person, or to articles for the personal use of any class
of person, connected with the mission of that State. that immunity and
inviolability or exemption shall so extend. so long as that agreement or
arrangement continues in force.
Arrange- ments.
Short title,
CH. 81
Diplomatic Privileges Act 1964
(2) The Secretary of State shall publish in the London, Edinburgh and
Belfast Gazettes a notice specifying the States with which and the
classes of person with respect to which such an agreement or arrangement
as is mentioned in subsection (1) of this section is in force and
whether its effect is as mentioned in paragraph (a) or paragraph (b) of
that subsection, and sim 11 whenever necessary amend the notice by a
further such no. ¿t and the notice shall be conclusive evidence of the
agreement or arrangement and the classes of person with respect to which
it is in force.
8. (D) This Act may be cited as the Diplomatic Privileges
interpretation, Act 1964.
commence-
ment, repeal and saving.
(2) This Act shall be construed as if Southern Rhodesia were a State.
(3) This Act shall come into force on such day as Her Majesty may by
Order in Council appoint.
(4) The enactments mentioned in Schedule 2 to this Act are hereby
repealed to the extent specified in column 3 of that Schedule.
(5) Any Order in Council under the Diplomatic Immunities 4 & 5 Eliz. 2.
Restriction Act 1955 which is in force immediately before the
commencement of this Act shall, so far as it could have been made under
section 3 of this Act, have effect as if so made.
c. 21.
Diplomatic Privileges Act 1964
CH. 81
S
SCHEDULES
SCHEDULE 1
ARTICLES OF VIENNA CONVENTION HAVING THE FORCE OF LAW IN THE UNITED
KINGDOM
ARTICLE 1
For the purpose of the present Convention, the following expres- sions
shall have the meanings hereunder assigned to them;
(a) the "head of the mission" is the person charged by the sending State
with the duty of acting in that capacity: (b) the "members of the
mission" are the head of the mission
and the members of the staff of the mission;
(c) the "members of the staff of the mission" are the members of the
diplomatic staff, of the administrative and technical staff and of the
service staff of the mission:
(d) the "members of the diplomatic staff" are the members of
the staff of the mission having diplomatic rank;
H
H
(e) a "diplomatic agent is the head of the mission or a
member of the diplomatic staff of the mission: (the "members of the
administrative and technical staff
the members of the staff of the mission employed in the administrative
and technical service of the mission:
L
are
(g) the members of the service staff" are the members of the staff of
the mission in the domestic service of the mission: (h) a "private
servant is a person who is in the domestic service of a member of the
mission and who is not an employee of the sending State:
(i) the "premises of the mission" are the buildings or parts of
buildings and the land ancillary thereto, irrespective of ownership,
used for the purposes of the mission including the residence of the head
of the mission
ARTICLE 22
The agents
1. The premises of the mission shall be inviolable. of the receiving
State may not enter them, except with the consent of the head of the
mission.
2. The receiving State is under a special duty to take all appro- priate
steps to protect the premises of the mission against any intrusion or
damage and to prevent any disturbance of the peace of the mission or
impairment of its dignity.
3. The premises of the mission, their furnishings and other property
thereon and the means of transport of the mission shall be immune from
search, requisition, attachment or execution.
ARTICLE 23
1. The sending State and the head of the mission shall be exempt from
all national, regional or municipal dues and taxes in respect of the
premises of the mission, whether owned or leased, other than such as
represent payment for specific services rendered.
Section 2.
SCH. I
CH. 81
Diplomatic Privileges Act 1964
2. The exemption from taxation referred to in this Article shall not
apply to such dues and taxes payable under the law of the receiving
State by persons contracting with the sending State or the head of the
mission.
ARTICLE 24
The archives and documents of the mission shall be inviolatile at any
time and wherever they may be.
ARTICLE 27
1. The receiving State shall permit and protect free communica- tion on
the part of the mission for all official purposes. In com- municating
with the Government and other missions and consulates of the sending
State, wherever situated, the mission may employ all appropriate means,
including diplomatic couriers and messages in code or cipher. However,
the mission may install and use a wireless transmitter only with the
consent of the receiving State.
2. The official correspondence of the mission shall be inviolable.
Official correspondence means all correspondence relating to the mission
and its functions.
3. The diplomatic bag shall not be opened or detained.
4. The packages constituting the diplomatic bag must bear visible
external marks of their character and may contain only diplomatic
documents or articles intended for official use.
5. The diplomatic courier, who shall be provided with an official
document indicating his status and the number of packages con- stituting
the diplomatic bag, shall be protected by the receiving State in the
performance of his functions. He shall enjoy personal inviolability and
shall not be liable to any form of arrest or detention.
6. The sending State or the mission may designate diplomatic couriers ad
hoc. In such cases the provisions of paragraph 5 of this Article shall
also apply, except that the immunities therein mentioned shall cease to
apply when such a courier has delivered to the consignee the diplomatic
bag in his charge.
7. A diplomatic bag may be entrusted to the captain of a com- mercial
aircraft scheduled to land at an authorised port of entry. He shall be
provided with an official document indicating the number of packages
constituting the bag but he shall not be con- sidered to be a diplomatic
courier. The mission may send one of its members to take possession of
the diplomatic bag directly and freely from the captain of the aircraft.
ARTICLE 28
The fees and charges levied by the mission in the course of its official
duties shall be exempt from all dues and taxes.
Diplomatic Privileges Act 1964
CH. 81
7
ARTICLE 29
The person of a diplomatic agent shall be inviolable. He shall not be
liable to any form of arrest or detention. The receiving State shall
treat him with due respect and shall take all appropriate steps to
prevent any attack on his person, freedom or dignity.
ARTICLE 30
The private residence of a diplomatic agent shall enjoy the same
inviolability and protection as the premises of the mission. 2. His
papers, correspondence and, except as provided in para- graph 3 of
Article 31, his property, shall likewise enjoy inviolability.
ARTICLE 31
1. A diplomatic agent shall enjoy immunity from the criminal
jurisdiction of the receiving State. He shall also enjoy immunity from
its civil and administrative jurisdiction, except in the case of: (a) a
real action relating to private immovable property situated in the
territory of the receiving State, unless he holds it on behalf of the
sending State for the purposes of the mission; (b) an action relating to
succession in which the diplomatic agent is involved as executor,
administrator, heir of legatee as a private person and not on behalf of
the sending State
(c) an action relating to any professional or commercial activity
exercised by the diplomatic agent in the receiving State outside his
official functions.
2. A diplomatic agent is not obliged to give evidence as a witness.
3. No measures of execution may be taken in respect of a diplo- matic
agent except in the cases coming under sub-paragraphs (@). (b) and (c)
of paragraph 1 of this Article, and provided that the measures concerned
can be taken without infringing the inviolability of his person or of
his residence.
4. The immunity of a diplomatic agent from the jurisdiction of the
receiving State does not exempt him from the jurisdiction of the sending
State.
ARTICLE 32
1. The immunity from jurisdiction of diplomatic agents and of persons
enjoying immunity under Article 37 may be waived by the sending State.
2. The waiver must always be express.
3. The initiation of proceedings by a diplomatic agent or by a person
enjoying immunity from jurisdiction under Article 37 shall preclude him
from invoking immunity from jurisdiction in respect of any counter-claim
directly connected with the principal claim.
4. Waiver of immunity from jurisdiction in respect of civil or
administrative proceedings shall not be held to imply waiver of immunity
in respect of the execution of the judgment, for which a separate waiver
shall be necessary.
SCH. 1
SCH. 1
CH. 81
Diplomatic Privileges Act 1964
ARTICLE 33
1. Subject to the provisions of paragraph 3 of this Article. a
diplomatic agent shall with respect to services rendered for the sending
State be exempt from social security provisions which may be in force in
the receiving State.
2. The exemption provided for in paragraph I of this Article shall also
apply to private servants who are in the sole empl a diplomatic agent,
on condition:
(a) that they are not nationals of or permanently resident
in the receiving State; and
(b) that they are covered by the social security provisions which may be
in force in the sending State or a third State.
3. A diplomatic agent who employs persons to whom the exemption provided
for in paragraph 2 of this Article does not apply shall observe the
obligations which the social security provisions of the receiving State
impose upon employers.
4. The exemption provided for in paragraphs and 2 of this Article shall
not preclude voluntary participation in the social security system of
the receiving State provided that such partici- pation is permitted by
that State.
5. The provisions of this Article shall not affect bilateral or
multilateral agreements concerning social security concluded previously
and shall not prevent the conclusion of such agreements in the future.
ARTICLE 34
A diplomatic agent shall be exempt from all dues and taxes, personal or
real, national, regional or municipal, except:
(a) indirect taxes of a kind which are normally incorporated
in the price of goods or services;
(b) dues and taxes on private immovable property situated in the
territory of the receiving State, unless he holds it on behalf of the
sending State for the purposes of the mission: (c) estate, succession or
inheritance duties levied by the receiving State, subject to the
provisions of paragraph 4 of Article 39; (d) dues and taxes on private
income having its source in the receiving State and capital taxes on
investments made in commercial undertakings in the receiving State:
(e) charges levied for specific services rendered;
(f) registration, court or record fees, mortgage dues and stamp duty,
with respect to immovable property, subject to the provisions of Article
23.
ARTICLE 35
The receiving State shall exempt diplomatic agents from all personal
services, from all public service of any kind whatsoever, and from
military obligations such as those connected with requisi tioning,
military contributions and billeting,
Diplomatic Privileges Act 1964
CH. 81
9
ARTICLE 36
1. The receiving State shall, in accordance with such laws and
regulations as it may adopt, permit entry of and grant exemption from
all customs duties, taxes, and related charges other than charges for
storage, cartage and similar services, on:
(a) articles for the official use of the mission:
(b) articles for the personal use of a diplomatic agent or members of
his family forming part of his household. including articles intended
for his establishment.
2. The personal baggage of a diplomatic agent shall be exempt from
inspection, unless there are serious grounds for presuming that it
contains articles not covered by the exemptions mentioned in paragraph 1
of this Article, or articles the import or export of which is prohibited
by the law or controlled by the quarantine regulations of the receiving
State. Such inspection shall be con- ducted only in the presence of the
diplomatic agent or of his authorised representative.
ARTICLE 37
1. The members of the family of a diplomatic agent forming part of his
household shall, if they are not nationals of the receiving State, enjoy
the privileges and immunities specified in Articles 29 to 36.
2. Members of the administrative and technical staff of the mission,
together with members of their families forming part of their respective
households, shall, if they are not nationals of or permanently resident
in the receiving State, enjoy the privileges and immunities specified in
Articles 29 to 35, except that the immunity from civil and
administrative jurisdiction of the receiving State specified in
paragraph of Article 31 shall not extend to acts performed outside the
course of their duties. They shall also enjoy the privileges specified
in Article 36, paragraph 1, in respect of articles imported at the time
of first installation.
3. Members of the service staff of the mission who are not nationals of
or permanently resident in the receiving State shall enjoy immunity in
respect of acts performed in the course of their duties, exemption from
dues and taxes on the emoluments they receive by reason of their
employment and the exemption contained in Article 33.
4. Private servants of members of the mission shall, if they are not
nationals of or permanently resident in the receiving State, be exempt
from dues and taxes on the emoluments they receive by reason of their
employment. In other respects, they may enjoy privileges and immunities
only to the extent admitted by the receiving State.
However, the receiving State must exercise its jurisdiction over those
persons in such a manner as not to interfere unduly with the performance
of the functions of the mission.
ARTICLE 38
1. Except in so far as additional privileges and inmunities may be
granted by the receiving State, a diplomatic agent who is à
SCH. 1
10
CH. 81
SCH. 1
Diplomatic Privileges Act 1964
national of or permanently resident in that State shall enjoy only
immunity from "jurisdiction, and inviolability, in respect of official
acts performed in the exercise of his functions.
2. Other members of the staff of the mission and private servants who
are nationals of or permanently resident in the receiving State shall
enjoy privileges and immunities only to the extent admived by the
receiving State. However, the receiving State must exée its jurisdiction
over those persons in such a manner as not to interfere unduly with the
performance of the functions of the mission.
ARTICLE 39
1. Every person entitled to privileges and immunities shall enjoy them
from the moment he enters the territory of the receiving State on
proceeding to take up his post or, if already in its territory, from the
moment when his appointment is notified to the Ministry for Foreign
Affairs or such other ministry as may be agreed.
2. When the functions of a person enjoying privileges and immuni- ties
have come to an end, such privileges and immunities shall normally cease
at the moment when he leaves the country, or on expiry of a reasonable
period in which to do so, but shall subsist until that time, even in
case of armed conflict. However, with respect to acts performed by such
a person in the exercise of his functions as a member of the mission,
immunity shall continue to subsist.
3. In case of the death of a member of the mission, the members of his
family shall continue to enjoy the privileges and immunities to which
they are entitled until the expiry of a reasonable period in which to
leave the country.
4. In the event of the death of a member of the mission not a national
of or permanently resident in the receiving State or a member of his
family forming part of his household, the receiving State shall permit
the withdrawal of the movable property of the deceased, with the
exception of any property acquired in the country the export of which
was prohibited at the time of his death. Estate, succession and
inheritance duties shall not be levied on movable property the presence
of which in the receiving State was due solely to the presence there of
the deceased as a member of the mission or as a member of the family of
a member of the mission.
ARTICLE 40
1. If a diplomatic agent passes through or is in the territory of a
third State, which has granted him a passport visa if such visa was
necessary, while proceeding to take up or to return to his post, or when
returning to his own country, the third State shall accord him
inviolability and such other immunities as may be required to ensure his
transit or return. The same shall apply in the case of any members of
his family enjoying privileges or immunities who are accompanying the
diplomatic agent, or travelling separately to join him or to return to
their country.
Diplomatic Privileges Act 1964
CH. 81
11
2. In circumstances similar to those specified in paragraph 1 of this
Article, third States shall not hinder the passage of members of the
administrative and technical or service staff of a mission. and of
members of their families, through their territories.
3. Third States shall accord to official correspondence and other
official communications in transit, including messages in code or er,
the same freedom and protection as is accorded by the receiving State.
They shall accord to diplomatic couriers, who have been granted a
passport visa if such visa was necessary, and diplo- matic bags in
transit the same inviolability and protection as the receiving State is
bound to accord.
4. The obligations of third States under paragraphs 1, 2 and 3 of this
Article shall also apply to the persons mentioned respec- tively in
those paragraphs, and to official communications and diplomatic bags,
whose presence in the territory of the third State is due to force
majeure,
SCH. 1
12
CH. 81
Section 8.
Chapter
7 Anne. c. 12.
12, 13 & 14 Geo. 6. c. 41. 14 Geo. 6.
c. 14.
15 & 16 Geo. 6. and 1 Eliz. 2. c. 10.
15 & 16 Geo. 6. and 1 Eliz. 2. c. 18.
Diplomatic Privileges Act 1964
SCHEDULE 2
ENACTMENTS REPEALED
Short Title
Extent of Repeal
The Diplomatic Privileges The whole Act.
Act 1708.
| The Ireland Act 1949.
The International Organ- | isations (Immunities and Privileges) Act
1950. The Income Tax Act 1952.
The Diplomatic Immun- ities (Commonwealth Countries and Republic of
Ireland) Act 1952.
& 5 Eliz. 2. The Diplomatic Immun- c. 21.
ities 1955.
Restriction
Act
5 & 6 Eliz. 2. The Ghana Independence
c. 6.
Act 1957.
c. 11.
9 & 10 Eliz. 2. The Diplomatic Immun- ities (Conferences with
Commonwealth Coun- tries and Republic of Ireland) Act 1961.
Section 2(2).
In section 4(1) the words "and
rule of law ".
In section 119, subsections (3)
and (4).
Section 461 so far as it relates to members of mission as defined in
Article 1 in Schedule 1 to this Act. In section 1, subsection (1), in
subsection (2)(a) the words
(other than persons on whom immunity is conferred by the preceding
subsection)", subsection (4), and in sub- section (5)(a) the words "by
or"
" and the words from " on himself "to" staff, or " in the second place
where those words occur. The whole Act.
In Schedule 2, in paragraph 2, the words from "and the proviso" to the
end.
In section 1, in subsection (1)
the words " and rule of law and in subsection (4) the words from "a
citizen of the United Kingdom
to "country shall", the word
be" where it first occurs and the words from " and the name to "* this
subsection ".
++
10 & 1: Eliz. 2. The Commonwealth Im-In section 17, in subsection (1),
c. 21.
migrants Act 1962.
the words "whether under any rule of law or ".
(38498)
PRINTED BY SIR PERCY PAULKNER, KRE, CB,
Controller of Her Majesty's Stationary Office and Queen's Printer of
Acts of Parliament LONDON: PUBLISHED BY HER MAJESTY'S STATIONERY OFFICA
Price Is. 3d, net
PRINTED IN ENGLAND
Er. de la Kara.
CONFIDENTIAL
RECEIVED IN ARCHIVE ENɔ 31
24 AUG 1967
FC3/20
Flag A
Problem
EUTERS AND THE NET CHINA NEWS AGENCY
H.M. Chargé d'Affaires in Peking reports in his telegram
no. 1116 that he was summoned to the Chinese Ministry of Foreign
FD 13/8 Affairs on 20 August to be given a note demanding that all
Flag B
FC13/858
Flag C
FC13/360
Chinese journalists arrested in Hong Kong should be declared
innocent and set free, that the ban recently put on the three
Communist newspapers should be lifted and that law suits against
Communist papers should be called off. If these demands were
not met within 48 hours, H.M. Government would be "held responsible
for all consequences". He learned on the same day (Peking
telegram no. 1114) that a group of Chinese demonstrators had
broken into the house of Er. Grey, the Reuters correspondent who
has been under house arrest since 21 July, and that telephonic
communication between Kr. Grey's house and our Office had ceased.
The official at the Chinese Foreign Ministry indicated that if
the ultimatum was not complied with, further measures against
Er. Grey were to be expected. Kr. Hopson rejected the Chinese
note. He has reported that in addition to action against
Mr. Grey we may expect action against his own Kission, probably
including violence (Peking telegram no. 1118). Mr. Hopson has
aaked for severe pressure to be exerted on the New China News
Agency in London and recommended that the Chinese be warned that
if anything further is done to Er. Grey or to his Mission
N.C.N.A. operations in London will be suspended.
/Recommendation
E
CONFIDENTIAL
Recommendation
2.
I recommend:
CONFIDENTIAL
-2-
(a) that Er. Hopson be instructed to inform the
Chinese Ministry of Foreign Affairs that if
further action is taken against Mr. Grey or
against his Mission, measures will be taken
against the N.C.N.A. in London;
(b) that in the light of any action taken in Peking
after the expiry of the ultimatum, i.e. about
1530 hours G.M.T. on 22 August, we inform the
Office of the Chinese Chargé d'Affaires here
that:
(1) N.C.N.A. must cease functioning and its
personnel must report at stated intervals
to the police; or if Chinese action
justifies it
(ii) all members of N.C.N.A. must leave London
(11)
within 48 hours. And in any case
(c) a system of exit visas for all Chinese officials in
this country
he instituted.
Home Office agreement will be required for (a) and (b) and
their co-operation for (c).
Argument and Background
3. This is the first time that the Chinese have issued an
ultimatum over Hong Kong. I think we must agree with Mr. Hopson
that action is likely, both against Mr. Grey and against the
British Mission. When Er. Grey was first put under house arrest
/on 21 July
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[
CONFIDENTIAL
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Flac
FZ F2370 the possibility of taking certain action against N.C.N.A. in
on 21 July the Foreign Secretary raised with the Home Secretary
Flag E
F2 3/20R
Flag F
Fiz /20/2
London (see his minute of 19 July). The Home Secretary's reply
dated 1 August was unhelpful. What it amounted to was that the
Home Secretary had powers to harass non-diplomatic Chinese,
e.g. members of N.C.N.A., by ordering them to report to the
police ("restriction on residence") and to prevent them from
leaving the country or to oblige them to do so by withdrawing
their residence permits. He was, however, unwilling to exercise
these powers because he thought that it could not be justified
as "necessary in the public interest" to restrict residence or
"conducive to the public good" to deport. In the case of
leaving the country there was a loophole in that there were no
immigration controls for departure to Ireland via the West coast.
The Foreign Secretary minuted again to the Home Secretary
on 14 August, urging certain immediate action against N.C.N.A.,
i.e. the withholding of entry visas for new personnel and a delay
in the extension of the residence permit for one employee and the
institution of a system of exit visas. The Secretary of State
also pointed out that in certain circumstances if the Chinese
took further action against Mr. Grey there would be strong
parliamentary and public pressure to take immediate action
against the N.C.N.A. in London by expelling all expatriate
staff. He asked the Home Secretary to reconsider his position
on this (paragraph 6 of the Secretary of State's minute under
reference).
4.
CONFIDENTIAL
15.
CONFIDENTIAL
5.
Depending on what action the Chinese do take after the
expiry of the ultimatum I think that the time has come when
firm action must be taken against N.C.N.A. Quite apart from
the holding of Mr. Grey under house arrest and anything further
which may be done to him, he has been unable to function as
Reuters correspondent for the last month. We would therefore
be justified in taking reciprocal action against N.C.N.A. in
London. It could be argued action in Hong Kong would be more
appropriate as the N.C.N.A. are more heavily represented there.
Five staff members have in fact been arrested for illegal
assembly and incitement
another appears in court today although the full trial is not
likely to take place until September. In view of the
-
one is in prison for two years and
possibility of violent Chinese reaction against further
measures in Hong Kong, the Commonwealth Office strongly favour
action here and we agree.
In
6. The difficulty about stopping N.C.N.A. functioning is
that we cannot prevent the circulation of their bulletin unless
proceedings are instituted for, for example, criminal libel.
It is doubtful whether the Home Office would institute such
proceedings or whether a prosecution would be successful.
any case the process would be lengthy. We could, however,
inform the Office of the Chinese Chargé d'Affaires by Note that
N.C.N.A. must cease to function. At the same time the Home
Office could instruct the police to make N.C.N.A. report to
then, for example, daily. If either instruction were ignored
we could, with Home Office agreement, expel all expatriate
/members
CONFIDENTIAL
CONFIDENTIAL
-5-
members of N.C.N.A. providing that the Home Secretary was
convinced that this was "conducive to the public good". There
is a difficulty in expelling N.C.N.A., namely that any alien
resident in the United Kingdom for more than two years can
appeal to the Senior Metropolitan Magistrate against
deportation.
But we consider that in fact the Chinese would
not do so. So far the Home Secretary has expressed great
reluctance to act against the N.C.N.A. The time has, I think,
come to put maximum pressure on him to agree to do so if
necessary.
7. A system of exit visas, which would apply to members of
the Chinese Kission as well as to N.C.N.A. and the Bank of
China, would be an exact parallel to the system now applying
to members of our Mission in Peking. It is open to the objection
referred to in the last sentence of paragraph 3, but we consider
that if a Note were sent to the Chinese requiring an exit visa
for all Chinese officials, they would obey it. It would be
helpful if the Home Office co-operated by asking their