TNAG-1281-FCO40-1632-Chinese-visa-office-in-Hong-Kong-1983 — Page 116

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(I) AS DRAFTED, THIS CONFORMS TO VCCR ARTICLE 43, WHEREAS THE

DRAFT CONSULAR AGREEMENT (ARTICLE 7) MODIFIES PARA 2 OF THAT

ARTICLE SO AS TO INCORPORATE THE EXCEPTIONS PROVIDED FOR IN

ARTICLE 31.1(A) TO (C) AND (3) OF THE VIENNA CONVENTION ON

DIPLOMATIC RELATIONS. HOWEVER WE DO NOT THINK DRAFT

UNDERSTANDING NEEDS TO BE MODIFIED IN ORDER TO MATCH DRAFT

CONSULAR AGREEMENT ON THIS POINT.

(II) SINCE VCCR GRANTS THIS SORT OF IMMUNITY ONLY TO CONSULAR

OFFICERS, THIS PROVISION WOULD EITHER GIVE THE CHINA-BASED

OFFICERS IN HONG KONG NOTHING (ON THE BASIS THAT THEY WERE NOT

CONSULAR OFFICERS THIS WOULD BE CONSISTENT WITH THE CHINESE

VIEW ON THE STATUS OF HONG KONG) OR IT WOULD IMPLY THAT THEY WERE CONSULAR OFFICERS (CONSISTENT WITH OUR VIEW, AND WITH VCCR

ARTICLE 5 (D) WHICH LISTS THE ISSUING OF VISAS AS A CONSULAR

FUNCTION). IN ORDER TO TAKE ACCOUNT OF POSSIBLE CHINESE

SUSCEPTIBILITIES, AND TO AVOID HARMING OUR OWN POSITION, WE

SUGGEST TEXT BE AMENDED AS IN MIFT, BY ADDITION OF 'CONSULAR OFFICERS TO PARA 2.(4).

THE

5. WE NOTE THAT UNLIKE THE CHINESE DRAFT (PEKING TELNO 49),

DRAFT IN PEKING TELNO 44 CONTAINS NO PROVISION FOR PERSONAL

PROTECTION EQUATING TO PARA III (1) OF THE MEMORANDUM OF 23

SEPTEMBER 1981. IF THE CHINESE PRESS FOR THIS, WE WOULD EXPECT

ANY PROVISION WHICH WE CONCEDE TO BE MATCHED IN THE CONSULAR

AGREEMENT, WHICH AT PRESENT CONTAINS NO SUCH CLAUSE, DESPITE OUR

EFFORTS TO SEE ONE INCLUDED (APART FROM THE NORMAL PROVISION OF

ARTICLE 40 VCCR, WHICH APPLIES ONLY TO 'OFFICERS').

6.

GRATEFUL FOR BOTH YOUR VIEWS ON THE ABOVE POINTS BEFORE DRAF

IS FINALIZED FOR PRESENTING TO THE CHINESE.

HOWE

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MR WHOMERSLEY LEGAL ADVISERS

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N I'D

FED

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MR DONALD

LORD N GORDON LENNOX

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