TNAG-1281-FCO40-1632-Chinese-visa-office-in-Hong-Kong-1983 — Page 30

GR 550

CONFIDENTIAL

FM PEKING 14040OZ DEC 33

TO PRIORITY FCO

CONFIDENTIAL

TELEGRAM NUMBER 1345 OF 14 DECEMBER

INFO PRIORITY HONG KONG

HKK 349/1

RECEIVED

20060

DESK CEF.

INDEX

Action raken

(108)

(107)

MIPT: CHINESE VISA OFFICE IN HONG KONG

1. TEXT OF DRAFT UNDERSTANDING HANDED OVER TO CHINESE IS AS FOLLOWS:

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THE CONSULAR DEPARTMENT OF THE MINISTRY OF FOREIGN AFFAIRS OF THE PEOPLE'S REPUBLIC OF CHINA PRESENTS ITS COMPLIMENTS TO THE BRITISH EMBASSY AND HAS THE HONOUR TO CONFIRM THAT THE REPRESENTIVES OF BOTH SIDES HAVE HELC TALKS IN BEIJING IN 1983 ON MATTERS RELATING TO THE MINISTRY'S VISA OFFICE IN HONG KONG AND REACHED THE FOLLOWING UNDERSTANDING, WHICH IS ADDITIONAL TO THE UNDERSTANDING RECORDED IN THE MEMOPANDUM CF 23 SEPTEMBER 1991.

THE VISA OFFICE WILL ENJOY THE FOLLOWING PRIVILEGES AND IMMUNITIES IN ADDITION TO THOSE SET OUT IN PAPAGPAPH 2(A) TO (C) OF ARTICLE 1 OF THE MEMORANDUM OF 23 SEPTEMBER 1981.

1. INVOILABILTY OF ITS PREMISES, DOCUMENTS AND ARCHIVES:

2. EXEMPTION FROM TAXATION ON ITS PREMISES AND ON THE RESIDENCE OF THE OFFICER IN CHARGE:

3. IMMUNITY FOR ITS COURIERS TO THE EXTENT WHICH WOULD BE ACCORDED UNDER PARAGRAPH 5 AND 6 OF ARTICLE 35 OF THE VIENNA CONVENTION ON CONSULAR RELATIONS IF THOSE COURIERS WERE

CONSULAR COURIERS:

4. ITS OFFICERS AND THEIR DEPENDENTS NOT TO BE SUBJECT TO ARREST OR DETENTION PENDING TRIAL. THE QUALIFICATION CONTAINED IN PAPA- GRAPH 3 OF THE BRITISH MEMORANDUM OF 19 JUNE 1991 IS

WITHDRAWN BY THE BRITISH SIDE:

3 IMMUNITY FOR ITS OFFICERS FROM JUP ISDICTION OF THE JUDICIAL AND ADMINISTRATIVE AUTHORITIES TO THE EXTENT WHICH WOULD BE ACCORDED UNDER ARTICLE 43 OF THE VIENNA CONVENTION ON CONSULAP RELATIONS IF THOSE OFFICERS WERE CONSULAR OFFICERS:

6. EXEMPTION FROM DUTIES AND TAXES ON GOODS IMPORTED INTO, EXPORTED FROM AND PURCHASED IN HONG KONG FOR OFFICIAL USE, AND ON GOODS IMPORTED INTO, EXPORTED FROM AND PURCHASED IN HONG KONG BY ITS OFFICERS FOR THEIR OWN PRIVATE USE:

7. EXEMPTION OF THE LUGGAGE OF ITS OFFICERS FROM SEARCH EXCEPT WHERE THERE ARE SERIOUS GROUNDS FOR BELIEVING THAT IT CONTAINS ARTIC

ES WHOSE IMPORT OR EXPORT IS PROHIBITED BY THE LOCAL LAW OR CONTROLLED BY THE LOCAL QUARANTINE REGULATIONS, IN WHICH CASE SEARCH SHOULD BE CARRIED OUT ONLY IN THE PRESENCE OF THE ABOVE-MENTIONED OFFICERS OR REPRESENTATIVES APPOINTED BY THEM: 3. IN THIS PARAGRAPH THE TERM ' OFFICERS' MEANS OFFICERS WHO ARE HOLDERS OF DIPLOMATIC, OFFICIAL OR SERVICE PASSPORTS OF THE PEOPLE'S REPUBLIC OF CHIMA

CONFIDENTIAL

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see (109

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