TNAG-1097-FCO40-1347-Chinese-visa-office-in-Hong-Kong-1982 — Page 153

CONFIDENTIAL CS72O

FM PEKING 310715Z MAR 81

TO ROUTINE FCO

TELEGRAM NUMBER 232 OF 31/3

INFO HONG KONG

MIPT: VISA OFFICE

17

CONFIDENTIAL

HICK 347/1

ALLAVIO

76

DES INDEX

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AY HO! 51

1 APR 1981

88,4.

REДUSTRY

Action Taken

XW 141

1.

TEXT OF PROPOSED NEW DRAFT MEMORANDUM FOLLOWS.

BEGINS.

"'IN THE COURSE OF SEVERAL MEETINGS BETWEEN BRITISH AND CHINESE

REPRESENTATIVE HELD IN LONDON AND PEKING FROM 1979 TO 1981

ON MATTERS RELATING TO THE PROPOSED VISA OFFICE OF THE MINISTRY

OF FOREIGN AFFAIRS OF THE PEOPLE'S REPUBLIC OF CHINA IN HONG

KONG, THE FOLLOWING UNDERSTANDING WAS REACHED,

Omitted

(1) IN ORDER TO MEET THE GROWING NEED FOR ECONOMIC, TRADE, TOURIST, CULTURAL AND OTHER EXCHANGES THE CHINESE SIDE AND THE BRITISH AUTHORITIES IN HONG KONG ORALLY AGREED ON 9 AUGUST 1979 THAT THE CHINESE SIDE WAS TO SET UP IN HONG KONG A VISA

OFFICE OF THE MINISTRY OF FOREIGN AFFAIRS OF THE PEOPLE'S

REPUBLIC OF CHINA.

(11) TO ENSURE THE SMOOTH FUNCTIONING OF THE SAID VISA OFFICE

IN HONG KONG, IT WILL ENJOY THE FOLLOWING PRIVILEGES: (A) EXEMPTION FROM TAXES ON ITS REVENUE (EG FROM VISA FEES); (B) THE RIGHT TO USE CYPHER,

(C) EXEMPTION FROM TAXES ON SALARIES OR EMOLUMENTS OF ITS

CHINA-BASED OFFICIALS AND STAFF MEMBERS.

(D) COURIER SERVICETO 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 BELOW, WOULD WISH TO GIVE

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ASURRANCES THAT THEY WOULD, IN PRACTICE A, NORMALLY BE EXTENDED . (IF APPROPRIATE IN THE EVENT OF A SEARCH OF THE PREMISES BEING

UNAVOIDABLE THIS SHOULD NORMALLY BE CONDUCTED ONLY IN THE

PRESENCE OF THE HEAD OF THE CHINESE VISA OFFICE OR HIS REPRESENTATIVE)

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 COMP AL INT COULD BE LAID BY ANY CITIZEN, IT FOLLOWS THAT A MAGISTRATE HAS

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