TNAG-1281-FCO40-1632-Chinese-visa-office-in-Hong-Kong-1983 — Page 151

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HKK 349/1

RECEIVED IN REGISTRY

16 JUN 1983

DESK OFFICER

REGISTRY

PA

Action Taken

37

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INDEX

эт

CONFIDENTIAL

FM HONG KONG 1409402 JUN 83

TO PRIORITY FCO

TELEGRAM NUMBER 802 OF 14 JUNE

INFO PRIORITY PEKING

136

35

Mas jouther

pa. ра

PEKING TELNO 536: CHINESE VISA OFFICE.

1. AS INDICATED IN MY TELNO 765 WE PREFER THE DRAFT NOTE IN PEKING TELNO 44 TO HONG KONG TO THE ONE SUGGESTED BY THE CHINESE (PEKING TELNO 49 TO HONG KONG). WE SHOULD THEREFORE BE CONTENT TO WORK ON THE BASIS OF THE FORMER IF IN THE EMBASSY'S JUDGEMENT

THAT WOULD MAKE FOR A SMOOTHER NEGOTIATION.

2. SINCE THE QUALIFICATION 'EXCEPT IN CASES OF GRAVE CRIME WAS NOT INCLUDED IN THE 1981 MEMORANDUM WE ACCEPT THAT IT WOULD CAUSE DIFFICULTIES WITH THE CHINESE IF WE WERE TO INSIST ON IT NOW. WƐ ARE THEREFORE PROPARED TO DROP THE REFERENCE FROM THE DRAFT NOTE. BUT WE COULD NOT IN PRACTICE ACCORD A GREATER DEGREE OF IMMUNITY TO VISA OFFICE STAFF THAN IS AVAILABLE TO CONSULAR OFFICERS HERE, AND IT MIGHT BE AS WELL FOR THE EMBASSY TO MAKE THIS POINT ORALLY

TO THE MFA TO ENSURE THAT THERE IS NO MISUNDERSTANDING.

3. WE AGREE THAT THE DRAFT IN PEKING TELNO 44 SHOULD BE EXPANDED

IN THE WAY SUGGESTED IN PARA 4 OF PEKING TEL UNDER REF. ON A POINT OF DETAIL, WE SUGGEST THAT THE OPENING OF PARA 2 OF THE DRAFT BE AMENDED TO READ:

"'THE VISA OFFICE WILL ENJOY THE FOLLOWING PRIVILEGE AND IMMUNITIES IN ADDITION TO THOSE SET OUT IN (UNDERLINING COMMENCE) PARA 2 (A) TO (C) (UNDERLINING END) OF THE MEMORANDUM OF 23 SEPTEMBER 1981''.

YOUDE

[THIS TELEGRAM WAS NOT ADVANCED]

LEGAL ADVISERS

PS/LORD BELSTEAD

LIMITED

HKD

FED

NTD

CONS D

MR GIFFARD

PCD

MR DONALD

PS/PUS

CONFIDENTIAL