TNAG-1281-FCO40-1632-Chinese-visa-office-in-Hong-Kong-1983 — Page 114

CONFIDENTIAL

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TOP COPY

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PP PEKING

GRS 885

CONFIDENTIAL

FM FCO 111050Z JUL 83

TO PRIORITY PEKING

(44)

TELEGRAM NUMBER 434 QF 12 JULY

AND TO PRIORITY HONG KONG

FCO TELNO 374 - CHINESE VISA OFFICE

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АКК 349l1

RECEIVED IN REGISTRY

13 JUL 1983

DESK OFFICER

INDEX

PA

REGISTRY Acton Takenį

ph. Am

WE AGREE THAT PEKING TELNO 44 TO HONG KONG AS AMENDED BY HONG KONG TELNO 802 AND PEKING FELNO 536, SHOULD FORM THE BASIS FOR

THE DOCUMENT. IT SHOULD BE AN UNDERSTANDING (WHICH WILL NOT BE

LEGALLY BINDING). THIS COULD BE INCORPORATED IN EITHER AN

EXCHANGE OF NOTES OR A SELF-CONTAINED MEMORANDUM OF

UNDERSTANDING. WHICHEVER OF THESE TWO FORMS IS CHOSEN, THE

LANGUAGE SHOULD BE APPROPRIATE TO THE NON-BINDING NATURE OF THE

ARRANGEMENT. MIFT CONTAINS REDRAFT WHICH TAKES THIS FACT AND THE

COMMENTS BELOW INTO ACCOUNT. (ONCE THE FORMAT OF THE DOCUMENT

HAS BEEN AGREED, A FORMAL INTRODUCTION AND CONCLUSION WILL BE

REQUIRED. WE SHALL ADVISE ON THE WORDING).

2. WE WISH AS FAR AS POSSIBLE TO ENSURE THAT THE STATUS ACCORDED

TO THE CHINESE VISA OFFICE IS NOT MORE GENEROUS THAN THAT WHICH

THE CHINESE HAVE SHOWN THEMSELVES WILLING TO

GRANT TO OUR CONSULATE GENERAL IN SHANGHAI. ON THE OTHER HAND WE

WISH TO BE AS FLEXIBLE AS POSSIBLE WITH THE CHINESE AT THIS

DELICATE STAGE OF THE TALKS ON THE FUTURE OF HONG KONG.

3. OUR COMMENTS ON THE INDIVIDUAL PROVISIONS OF PARAGRAPH 2 OF

PEKING TELNO 44 ARE AS FOLLOWS:

(1) WE AGREE WITH THIS: IT PROVIDES A WIDER INVIOLABILITY FOR

PREMISES THAN ARTICLE 31 OF THE VIENNA CONVENTION ON CONSULAR

RELATIONS (VCCR), BUT REFLECTS ARTICLE 3(1) OF THE PROPOSED

UK/CHINA CONSULAR AGREEMENT.

+

(2) WE WOULD PREFER THE WORD 'ESTATES' TO BE REPLACED BY

'PREMISES'. HONG KONG MAY WISH TO CONSIDER WHETHER THIS PROVISON

SHOULD BE WORDED SO AS TO CONFER TAX EXEMPTION NOT ONLY ON THE

OFFICE PREMISES BUT ALSO ON THE RESIDENCE OF THE OFFICER IN

(36)

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CONFIDENTIAL

/CHARLE