TNAG-1097-FCO40-1347-Chinese-visa-office-in-Hong-Kong-1982 — Page 12

d. courier service to be exempt from search;

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.

2.

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 legislation. However, the Hong Kong Government,

subject to paragraphs 3 and 4 below, would wish to give

assurances that they would, in practice, normally be

extended.

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

complaint or information laid before a Hong Kong magistrate,

the latter could 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 the police are not the initiators. To this extent,

the Hong Kong Government would not be in a postion 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.

14

T