TNAG-1281-FCO40-1632-Chinese-visa-office-in-Hong-Kong-1983 — Page 54

CODE 18-77

CONFIDENTIAL

Reference GNT 401/301/1

see (90

95)

Miss Walker, HKGD

UK/CHINA UNDERSTANDING ON CHINESE VISA OFFICE IN HONG KONG

1.

With reference to your minute of 18 October to the Legal Advisers I have the following comments to offer on the provisions of the Chinese counter-draft reported in Peking telnos 1033 and 1034 of 17 October:

Paragraph 1(3) (Freedom from arrest or detention pending trial)

I agree with Mr Galsworthy's remarks. If the words 'Personal inviolability' are retained, the clause would be capable of being interpreted by the Chinese in such a way that they might be encouraged to claim a degree of inviolability in excess of freedom from arrest or detention pending trial. It is therefore desirable that the reference to 'Personal inviolability' be removed. This would have the added merit of bringing the text closer to that of Article 7(1) of the draft Consular Agreement.

Paragraph 1(4) (Jurisdictional immunity)

The English of the Chinese revision leaves much to be desired and I understand that Mr Whomersley is suggesting an alternative which, while retaining the word 'appropriate', nonetheless results in a clearer text. The oral statement will hopefully not prove necessary.

Paragraph 1(5) (Customs franchise)

Article 50(1) of the Vienna Convention on Consular Relations specifies exemption from 'all customs duties, taxes, and related charges other than charges for storage, cartage and similar services'. I see no objection, therefore, to taxes being added to duties.

Paragraph 1(6) (Exemption from customs inspection)

Again, Article 50(3) of the VCCR speaks of 'inspection' rather than 'search'. The amendment proposed by the Chinese is, accordingly, acceptable.

سم الطلاب

20 October 1983

Cc:

Mr Burrows

Mr Whomersley)

Mr Cox, FED

Legal Advisers

Mr Mowforth, Protocol Dept. Miss Steele, NTD

R S Glover NTD CL 535 213-6192

HKK 349/1

ECLIVED I HUSTRY

2 50CT 103

必

CONFIDENTIAL

tion Teken

Dou