TNAG-1281-FCO40-1632-Chinese-visa-office-in-Hong-Kong-1983 — Page 173

CODE 18-77

Reference

HKK 349/1

CONFIDENTIAL

RECEIVED IN REGISTR

19 M/Y

4

see

(21

Mr Smith HK GD

CHINESE VISA OFFICE IN HONG KONG

1.

DESK OFFICEA INDEX

ISTRY

tion taken

1km

From the point of view of protecting our legal position in Hong Kong against claims to sovereignty made by the Chinese Government I see no objection in principle to the conclusion of a draft memorandum between Chinese and British representatives, along the lines proposed in Peking telegram number 44 of 4 May. On the contrary it will be consistent with our views on the

2 status of Hong Kong, and difficult for the Chinese to reconcile with theirs. The memorandum will regulate the status, privileges and immunities of the Chinese visa office and will be supplemental to a similar memorandum of 23 September 1981.

2.

However there are two aspects which require further consideration. First, the department should decide as a matter of policy whether they wish the document to constitute a Memorandum of Understanding which will not be legally binding, or an international agreement which will be legally binding and in consequence will be registrable with the UN Secretariat under Article 102 of the UN Charter. I imagine that the department may prefer the former, but the question is basically one of policy. At present the draft is neither one nor the other. When this point has been decided the draft should go to Nationality and Treaty Department for their advice.

3.

Secondly, there is the question of the scale of privileges and immunities to be granted. On this aspect the advice of Protocol and Conference Department and its legal adviser should be sought.

4.

After N&TD and P&CD have advised I should be grateful if I could see these papers again.

11 May 1983

CONFIDENTIAL

У виночно

F Burrows

Legal Counsellor