TNAG-1097-FCO40-1347-Chinese-visa-office-in-Hong-Kong-1982 — Page 154

CONTIDENTIAL

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 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 CIVILTYROCEEDINGS (TO WHICH THE HONG KONG GOVERNMENT WOULD PROBABLY NAGBE A PARTY) IT IS REMOTELY

NAT

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 CIRFISTRATION COULD NOT INTERFERE WITH THE EXERCISE OF THE

COURT'S POWER.

5. 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

CHINA:

(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

LIA 1723

HK 63

FED. pca.

LÉGK ADO. 7.00.

See < YouDE MIDONALD

THIS TELEGRAM WAS NOT ADVANCED

CONFIDENTIAL