TNAG-1281-FCO40-1632-Chinese-visa-office-in-Hong-Kong-1983 — Page 198

CR 840

CONFIDENTIAL

RECE:

CONFIDENTIAL

FM PEKING 20030OZ APR 33

TO IMMEDIATE FCO

TELNO 353 OF 20 APRIL

RPTD INFO IMMEDIATE HONG KONG.

UK/CHINA CONSULAR AGREEMENT

FEC406/3

22 APR 1983

Discussed me HICGO, NT Agreed sand away future develop's from tekking.

1. OUR TALKS ON THE CONSULAR AGREEMENT HIT A MAJOR ROCK THIS MORNING. WE HAD REACHED ARTICLE 10 OF THE CHINESE DRAFT WHICH READS AS FOLLOWS:

''ARTICLE 3, PARAGRAPH 2 OF ARTICLE 4, ARTICLES 5, 6, 7 AND 8 OF THIS AGREEMENT SHALL ALSO APPLY TO THE DIPLOMATIC MISSIONS OF THE TWO STATES AND ORGANS DESPATCHED BY THEIR RESPECTIVE FOREIGN MINISTRIES WITH RESPECT TO THE EXERCISE OF CONSULAR FUNCTIONS.'* THE ARTICLES IN QUESTION REFER TO INVIOLABILITY AND PROTECTION OF CONSULAR PREMISES, NATIONALITY OF CONSULAR OFFICERS, FACILITATION OF THE PERFORMANCE OF CONSULAR FUNCTIONS, IMMUNITIES OF CONSULAR STAFF AND COMMUNICATION WITH NATIONALS UNDER ARREST. WE HAD ASKED THE CHINESE WHAT THEY MEANT BY ORGANS DESPATCHED BY THEIR RESPECTIVE FOREIGN MINISTRIES''

2. THE CHINESE REPLIED THAT THEY HAD THEIR VISA OFFICE IN HONG KONG" IN MIND. THE LEADER OF THE CHINESE DELEGATION, MADAME XU HANDING, THE DEPUTY DIRECTOR OF CONSULAR DEPARTMENT, SPOKE AT LENGTH AND IN FAMILIAR TERMS ABOUT PRIVILEGES AND IMMUNITIES FOR THE VISA OFFICE IN HONG KONG AND ITS STAFF, CLAIMING THAT SINCE THE VISA OFFICE AFS AN ORGAN DESPATCHED BY THE MFA AND STAFFED BY DIPLOMATS IT WAS ENTITLED TO SUCH TREATMENT, AND EVEN SUGGESTING THAT THIS WAS SANCTIONED BY THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS. THE PURPOSE OF THE CHINESE DRAFT WAS TO ENSURE THAT THE WISA OFFICE SHOULD RECEIVE THIS TREATMENT.

3. WE EXPRESSED SURPRISE THAT THE CHINESE COULD SEEK TO INCLUDE AN ORGAN IN HONG KONG IN THIS BILATERAL AGREEMENT BETWEEN CHINA AND THE UK. WE HAD NEVER ENVISAGED THAT THIS AGREEMENT WOULD APPLY TO HONG KONG OR BE GIVEN EFFECT IN HONG KONG LAW, WHICH WAS ENTIRELY SEPARATE FROM UK LAW. IN ORDER TO APPLY THE AGREEMENT TO HONG KONG SOME SPECIFIC AGREEMENT TO THIS EFFECT WOULD BE NEEDED.

4. A STERILE WRANGLE FOLLOWED ON THE ISSUE OF WHETHER OR NOT THE VISA OFFICE AND ITS STAFF WERE ENTITLED TO PRIVILEGES AND IMMUNITIES. (WE HAVE NOT YET ACTED ON THE INSTRUCTIONS IN HONG KONG TELNO 158, SINCE AS YOU KNOW WE WISHED TO DEAL WITH THE QUESTION OF TRANSIT OF PR CITIZENS THROUGH HONG KONG AT THE SAME TIME, AND YOUR INSTRUCTIONS ON THIS POINT DID NOT REACH US IN TIME FOR US TO ACT BEFORE THE START OF THESE NEGOTIATIONS ON THE CONSULAR AGREEMENT. WE THEREFORE JUDGED IT BETTER NOT TO MUDDY THE WATERS UNTIL THE TALKS WERE FINISHED.)

CONFIDENTIAL

pa

32

11

See (4)

ze/ív.

HKK

3491

DESK OFFICER

RECEIVED IN REGISTRY

2 3 APR 1983

INDEX

REGISTRY

PA

Action Taken

?12 April

?

is.