TNAG-1281-FCO40-1632-Chinese-visa-office-in-Hong-Kong-1983 — Page 46

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PP HONG KONG

GRS 498

CONFIDENTIAL

FM FCO 311200Z OCT 83

TO PRIORITY HONG KONG

TELEGRAM NUMBER 1114 OF 31 OCTOBER

INFO PRIORITY PEKING

YOUR TELNOS 1502 AND 1503 : CHINESE VISA OFFICE

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HKK 349/1

RECEIVED IN REGISTRY

1- NOV 1983

REGISTRY

DESK OFFICER

INDEX

PA

fiction Taken

YOU MAY FIND HELPFUL THE FOLLOWING PRELIMINARY COMMENTS ON

THE DRAFT ORDINANCE IN YOUR TELNO 1503. WE REALISE, OF COURSE,

THAT THE DRAFT WILL PROBABLY HAVE TO BE MODIFIED IN ORDER TO

REFLECT THE EXACT TERMS OF THE UNDERSTANDING ONCE IT HAS BEEN

FINALISED.

2.

THERE APPEAR TO BE SOME AREAS WHERE THE DRAFT ORDINANCE DOES

NOT PRECISELY IMPLEMENT THE DRAFT UNDERSTANDING NOW UNDER

DISCUSSION IN PEKING (PEKING TELNO 1034, AND FCO TELNO 717 TO

PEKING). THESE ARE:

A) PARA 1(1) OF UNDERSTANDING: AS REGARDS INVIOLABILITY OF

PREMISES, THIS REFLECTS PARA 3(2) OF THE THIRD SCHEDULE TO THE

HONG KONG CONSULAR RELATIONS ORDINANCE 1970, WHEREAS THE DRAFT

ORDINANCE ONLY APPLIES THE MORE LIMITED PROVISIONS OF VCCR

ARTICLE 31.

B) PARA 1(3) OF UNDERSTANDING: AS DRAFTED BY CHINESE, THIS

PARAGRAPH REFLECTS A MODIFIED VERSION OF THE FIRST TWO SENTENCES

OF PARA 1 OF THE THIRD SCHEDULE TO THE 1970 ORDINANCE. EVEN THE

ALTERNATIVE WORDING SUGGESTED BY GALSWORTHY IN PEKING TELNO 1033

DOES NOT PRECISELY REFLECT VCCR ARTICLE 41.

C) PARAS 1(5) AND 1(6) OF UNDERSTANDING: ALTHOUGH WE APPRECIATE

THE POINTS IN YOUR TELNO 1084 OF 27 JULY, WE WOULD NEVERTHELESS

NOTE THAT THESE PROVISIONS ARE NOT EXACTLY EQUIVALENT TO VCCR

ARTICLE 50 WHICH IS APPLIED BY THE DRAFT ORDINANCE.

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63

D) THE TERM 'VISA OFFICERS AND EMPLOYEES' USED IN THE PENULTIMATE

LINE OF THE CHAPEAU TO SECTION 3(1) OF THE DRAFT ORDINANCE IS

DIFFERENT TO THE TERMINOLOGY OF THE UNDERSTANDING. WE WONDER IF

YOU COULD SOLVE THIS PROBLEM BY INSERTING IN SECTION 2 A NEW

DEFINITION EQUIVALENT TO PARAGRAPH 1(7) OF THE UNDERSTANDING.

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