TNAG-1281-FCO40-1632-Chinese-visa-office-in-Hong-Kong-1983 — Page 135

Miss Walker

HKD

CONFIDENTIAL

Spelen 2216

Reference.

Methoase for inf

we still await PCD's comments,

+ Mr Glover's and/or Mr Whomersley's comment's on para-2 overleaf. Mother 32/6

(36)

THICK 349/1

RECEIVED IN REGISTRY

29 JUN 1983

CHINESE VISA OFFICE

1. The following points occur to me on the draft in Peking telegram to Hong Kong, No.44, as amended by Hong Kong telegram to Peking No.802 and Peking telegram to FCO No.536.

Paragraph 2(2)

FCO

37

The use of the word "estates" is odd. Perhaps it means "premises" (the word used in Article 32 of the Vienna Convention on Consular Relations).

Paragraph 2(new sub-paragraph)

Peking telegram to FCO No.536 proposes to add a new sub-paragraph (eg between sub-paragraphs 3 and 4) in the following terms:

"Immunity for its China based officers from the jurisdiction of the judicial and administrative authorities to the extent provided for in Article 43 of the Vienna Convention on Consular Relations."

Since the Vienna Convention grants this sort of immunity only to consular officers, this text would either give the China-based officers in Hong Kong nothing (on the basis that they were not consular officers), which would render it meaningless, or it would imply that they were consular officers, albeit with restricted functions. The latter is a possible interpretation, because Article 5(a) of the Vienna Convention lists the issuing of visas as a consular function. It would also be consistent with our view on the status of Hong Kong. However it would be inconsistent with the Chinese view, because it would imply that the Chinese officers were not stationed on Chinese territory. If we wished at this stage to take account of possible Chinese susceptibilities, and at the same time avoid harming our own position we might amend the latter part of the suggested text to read:

"...to the extent provided for consular officers in Article 43 of the Vienna Convention on Consular Relations."

This text would not necessarily imply that they were or were not consular officers.

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