TNAG-1097-FCO40-1347-Chinese-visa-office-in-Hong-Kong-1982 — Page 152

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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. COULD BE LAID BY ANY CITIZEN, IT FOLLOWS THAT A MAGISTRATE HAS

SINCE A COMPALINT THE POWER TO ISSUE A WARRANT OF ARREST IN CIRCUMSTANCES WHERE THE POLICE ARE NOT THE INITIATORS. TO THIS EXTENT, THE HONG KG 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.

SIMILARLY, IN CIVIL PROCEEDINGS (TO WHICH THE HONG KONG GOVERNMENT WOULD PROBABLY NOT BE A PARTY) IT IS REMOTELY 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 SITUATION AROSE. PRINCIPLES OF COMMON LAW DICTATE THAT THE ADMINISTRATION COULD NOT INTERFERE WITH THE EXERCISE OF THE

COURT'S POWER.

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THE ABOVE ARRANGEMENTS FOR THE PROPOSED VISA OFFICE IN HONG KONG ARE BASED ON THE UNDERSTANDING THAT:

(A) IT WILL BE KNOWN AS THE HONG KONG VISA OFFICE OF THE MINISTRY OF FOREIGN AFFAIRS OF THE PEOPLE'S REPUBLIC OF CHINAI

(B) IT WILL NOT BE A REPRESENTATIVE OFFICE OF THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA AND ITS FUNCTIONS WILL BE RESTRICTED TO THE ISSUE OF VISAS

ENDS

CRADOCK

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