TNAG-1025-FCO40-1275-Visit-by-Lord-Carrington--Secretary-of-State-for-Foreign-and-1981 — Page 108

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e) the premises, documents and archives to be

exempt from search;

f) the China-based officials and their dependents

not to be liable to arrest or detention.

It is understood that, whilst privileges (a) to (c) can be

granted by administrative action by the Hong Kong Government

privileges (d) to (f) cannot be formally granted without

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legislation.

However, the Hong Kong Government, subject to

paragraphs 3, 4 and 5 below, would wish to give assurances

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that they would, in practice, normally be extended.

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3. It is understood that, in the case of a criminal complaint

or information laid before a Hong Kong magistrate, the latter

could theoretically issue an arrest warrant. Since a complaint

could be laid by any citizen, it follows that a magistrate has

the power to issue a warrant of arrest in circumstances where

To this extent, the Hong.

Kong Government would not be in a position to prevent arrest

though the circumstances in which a member of the Chinese Visa

Office would be liable to arrest following a complaint by a

local citizen are remote.

the police are not the initiators.

4 Similarly, in civil proceedings (to which the Hong Kong

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Government would probably not be a party) it is remotely

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possible that failure to comply with a court order could result

in the defaulter being in contempt of court, for which 'the

ultimate sanction could be committal to prison. If such a

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situation arose, principles of common law dictate that the

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administration could not interfere with the exercise of the

court's power.

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