TNAG-1281-FCO40-1632-Chinese-visa-office-in-Hong-Kong-1983 — Page 53

CONFIDENTIAL

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1

OBJECTION TO ADDITION OF TAXES' (SEE ARTICLE 50(1) OF

VCCR).

5. PARA 1(6): NO OBJECTION TO

'INSPECTION' (WHICH IS IN FACT

USED IN ARTICLE 50(3) OF VCCR).

6. PARA 2: HONG KONG WILL PRESUMABLY BE COMMENTING ON THE

POINTS IN PARAS 6,7 AND 11 OF PEKING TELNO 1033.

7. FINAL PARA: THE UNDERSTANDING SHOULD BE BETWEEN THE

BRITISH AND CHINESE GOVERNMENTS RATHER THAN THE CHINESE

CONSULAR DEPARTMENT AND THE BRITISH EMBASSY. WE WOULD

THEREFORE PREFER TO DELETE ALL WORDS FROM 'IF THE ABOVE'

TO 'NORTHERN IRELAND IN CHINA', AND INSERT IF THE ABOVE PROPOSALS ARE ACCEPTABLE TO THE GOVERNMENT OF THE UNITED

KINGDOM, THIS NOTE AND THE EMBASSY'S REPLY TO THAT EFFECT

WILL CONSTITUTE AN UNDERSTANDING BETWEEN THE TWO

GOVERNMENTS ON THIS MATTER'.

8. IMMUNITY FOR COURIERS (PARAS 8 AND 10 OF PEKING TELNO

1033): IS SEEMS TO US THAT HONG KONG'S DRAFT LEGISLATION (HONG KONG TELNO 1503 OF 11 OCTOBER) MEETS THE CHINESE CONCERNS ON THIS POINT. (ARTICLE 35 (5) AND (6) OF VCCR AS MODIFIED BY SECTION 3(2) OF THE DRAFT ORDINANCE WOULD GIVE IMMUNITY TO 'VISA OFFICE COURIERS', WHICH IS

PRESUMABLY WHAT THE CHINESE MEAN WHEN THEY SAY 'DIPLOMATIC COURIERS GOING TO THE VISA OFFICE'). WE WOULD NOT OBJECT

TO THE INSERTION OF AN ADDITIONAL SUB-PARA IN PARAGRAPH 1

OF TEXT OF UNDERSTANDING, AND SUGGEST FOLLOWING WORDING:

IMMUNITY FOR ITS COURIERS TO THE EXTENT WHICH WOULD BE

ACCORDED UNDER PARAGRAPHS 5 AND 6 OF ARTICLE 35 OF THE

VIENNA CONVENTION ON CONSULAR RELATIONSIF THOSE COURIERS

WERE CONSULAR COURIERS'.

?

THIS MIGHT BE ADDED AS NEW SUB-PARA 1(3) AFTER EXISTING SUB-PARA 1(2). GRATEFUL FOR HONG KONG'S VIEWS ON THESE

POINTS.

HOWE

LIMITED

PS/ MR LUCE

HKD

PS/ PUS

NTD

FED

PROTOCOL D

CONSULAR D

MR DONALD

LORD N. GORDON LENNOX

MR GIFFARD

L- CONFIDENTIAL

COPIES TO

MR. WHOMERSLEY,

LEGAL ADV.