TNAG-1281-FCO40-1632-Chinese-visa-office-in-Hong-Kong-1983 — Page 52

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THICK 349/1

RECEIVED IN REGISTR

27.0013

DESK OFFICEN

INDEX

EGISTRY

PA

yu Taken

98.

26887

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PP PEKING

GRS 571

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FM FCO 241700Z OCT 83

TO PRIORITY PEKING

TELEGRAM NUMBER 717 OF 25 OCTOBER

AND TO PRIORITY HONG KONG

ра

see (97) (98) (101)

349/1.

YOUR TELNOS 1033 AND 1034: CHINESE VISA OFFICE IN HONG KONG

WE HAVE THE FOLLOWING COMMENTS ON THE DRAFT IN YOUR TELNO 1034:

1. PREAMBLE, LINE 3: WE WOULD PREFER TO SUBSTITUTE 'BRITISH

EMBASSY' FOR 'EMBASSY OF THE UNITED KINGDOM OF GREAT BRITAIN

AND NORTHERN IRELAND IN CHINA' (BUT CAN AGREE TO THE CHINESE WORDING IF THEY INSIST ON IT).

2.

PARA 1(3): WE AGREE WITH GALSWORTHY'S COMMENTS, AND PREFER

HIS SUGGESTED TEXT. REFERENCE TO 'PERSONAL INVIOLABILITY'

COULD BE INTERPRETED BY CHINESE AS CONFERRING A DEGREE OF

INVIOLABILITY IN EXCESS OF FREEDOM FROM ARREST OR DETENTION

PENDING TRIAL. MOREOVER ITS REMOVAL WOULD HAVE THE ADDED

MERIT OF BRINGING THE TEXT CLOSER TO THAT OF ARTICLE 7(1) OF

THE DRAFT CONSULAR AGREEMENT. HOWEVER WE SHOULD NOT

WISH TO MAKE THIS A STICKING POINT, AND COULD LIVE WITH

THE CHINESE TEXT IF NEED BE.

3. PARA 1(4): WE AGREE THAT THE CHINESE REWORDING IS UNCLEAR.

WE SUGGEST INSTEAD: 'TO THE EXTENT WHICH WOULD BE ACCORDED

UNDER ARTICLE 43 OF THE VIENNA CONVENTION ON CONSULAR

RELATIONS IF THOSE OFFICERS WERE CONSULAR OFFICERS'.

AS A FALL-BACK, WE SUGGEST SUBSTITUTING 'APPROPRIATE' FOR

'ACCORDED' IN THE ABOVE FORMULA. THIS WOULD BE NEARER TO

THE CHINESE WORDING AND COULD THEREFORE PERHAPS BE

PRESENTED AS A CLARIFICATION IN ENGLISH OF THE TEXT

SUGGESTED BY THE CHINESE. EITHER OF THESE ALTERNATIVES

WOULD OF COURSE BE PREFERABLE TO AN ORAL STATEMENT, WHICH WE WOULD PREFER TO AVOID.

4. PARA 1 (5): SUBJECT TO HONG KONG'S VIEWS, WE HAVE NO

(IC3.

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