TNAG-1281-FCO40-1632-Chinese-visa-office-in-Hong-Kong-1983 — Page 115

CONFIDENTIAL

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CHARGE, IE THE PRECISE EQUIVALENT OF VCCR ARTICLE 32(1), AS

REQUESTED BY THE CHINESE IN THEIR DRAFT IN PEKING TELNO 49 OF 17

MAY.

(3) WE AGREE WITH THIS: IT GOES BEYOND VCCR ARTICLE 41, BUT

GRANTS THE COMPREHENSIVE INVIOLABILITY THAT WE WOULD LIKE TO SEE

INCLUDED IN ARTICLE 7 OF THE CONSULAR AGREEMENT (FREEDOM From ARREST DETENTION 'IN ANY FORM' RATHER THAN MERELY 'PENDING

TRIAL'.) BUT IF WE OFFER THIS FORMULA TO THE CHINESE, IT SHOULD

BE CONDITIONAL ON DRAFT ARTICLE 7(1) OF THE CONSULAR AGREEMENT

BEING SIMILARLY PHRASED.

(4) (I) WE WOULD PREFER 'OFFICIALS' TO BE REPLACED BY 'OFFICERS'

HERE AND IN SUB-PARAGRAPH (5) IN ORDER TO BE CONSISTENT

THROUGHOUT TEXT.

(II) WE ARE NOT SURE WHETHER 'STAFF MEMBERS' REFERS TO 'CONSULAR

EMPLOYEES' ONLY, OR ALSO INCLUDES 'SERVICE STAFF' AS DEFINED BY

THE VCCR. IN EITHER CASE, THIS PROVISION GOES BEYOND THAT OF

VCCR ARTICLES 50(1)(B) AND 50(2) IN THAT THE LATTER PARAGRAPH IS

RESTRICTED TO CONSULAR EMPLOYEES ONLY AND MERELY GRANTS AN

EXEMPTION FROM CUSTOMS DUTIES 'IN RESPECT OF ARTICLES IMPORTED AT

THE TIME OF FIRST INSTALLATION'. HOWEVER, WE NOTE THAT HONG KONG

HAVE POWER TO GIVE THE PRIVILEGE OF CONTINUING EXEMPTION FROM

CUSTOMS DUTIES TO BOTH CONSULAR EMPLOYEES AND SERVICE STAFF BY

VIRTUE OF PARA 3 OF SCHEDULE 2 TO THE CONSULAR RELATIONS

ORDINANCE L970. WE DO NOT THEREFORE OBJECT TO THE SUBSTANCE OF

SUB-PARA 4, ALTHOUGH WE SUGGEST YOU CLARIFY THE TERMINOLOGY.

(5) THIS IS SLIGHTLY MORE RESTRICTED THAN VCCR ARTICLE 50 (3), AS

IT DOES NOT PERMIT A SEARCH WHERE IT IS SUSPECTED THAT

UNAUTHORISED ARTICLES (IE ARTICLES NOT INTENDED FOR PRIVATE USE)

ARE BEING CARRIED, BUT ONLY WHERE IT IS SUSPECTED THAT THE

LUGGAGE CONTAINS ARTICLES WHOSE IMPORT OR EXPORT IS ILLEGAL OR

ARE COVERED BY QUARANTINE REGULATIONS. HOWEVER, WE WOULD NOT +

OBJECT TO THIS, PROVIDED IT IS ACCEPTABLE TO HONG KONG.

4.

WE SUGGEST THAT THE PROVISION ON IMMUNITY FROM CIVIL

JURISDICTION PROPOSED IN PARA 4 OF PEKING TELNO 536 BE INSERTED

AFTER SUB-PARA 3 OF PEKING TELNO 44 AS NEW SUB PARA (4). WE HAVE

THE FOLLOWING COMMENTS:-

/41)

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CONFIDENTIAL