TNAG-1281-FCO40-1632-Chinese-visa-office-in-Hong-Kong-1983 — Page 164

CONFIDENTIAL

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I attach copies of Peking telno's 48 and 49 to Hong Kong on this subject. These indicate that the Embassy have now received a formal request from the Chinese for certain privileges to be granted to the Chinese Visa Office. The Chinese note expresses the view that when our reply is received the exchange of notes will constitute an Understanding. Paragraph 5 of Peking telno 48 asks Hong Kong for authority to present a counter draft. As the telegram was repeated to us for information only, it appears on the face of it as though the Embassy may have forgotten the need to consult us on the text of any note. Mr Smith and I discussed this with FED who agreed that there may be a risk of Peking and Hong Kong acting entirely on their own initiative.

2.

Before the Chinese handed over the latest note, the Embassy had already proposed that there should be a memorandum of Understanding, between ourselves and the Chinese. They prepared a draft, telegraphed to Hong Kong in Peking telno 44. Hong Kong have yet to comment substantively on this draft. Mr Smith sought the preliminary views of the Legal Advisers on this draft.

Mr Burrows has said he thinks further consideration needs to be given to (i) whether the proposed document is to constitute an international agreement, which would be legally binding, as opposed to a Memorandum of Understanding which would not, and (ii) the scale of privileges and immunities to be granted. FED are firmly of the opinion that we should not enter a formal agreement with the Chinese over this.

3. There seems to be a danger of progress on the Visa Office. getting out of step and we must of course ensure that anything to be handed to the Chinese (whether a reply to their note or a draft Mol) is first approved by other FCO departments and probably by Ministers. It might therefore be worth sending a brief reminder to Hong Kong to ensure that we see their views on how we should respond to the Chinese and the text of any draft they propose as early as possible. I attach a draft telegram.

18 May 1983

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Hong Kong & General Department

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CONFIDENTIAL