TNAG-1281-FCO40-1632-Chinese-visa-office-in-Hong-Kong-1983 — Page 66

CONFIDENTIAL

GRS 900

CONFIDENTIAL

FROM PEKING 17075OZ OCT 83

TO PRIORITY FCO

TELEGRAM NUMBER 1033 OF 17/10/83

REPEATED FOR INFO TO PRIORITY HONG KOG

TOP COPY

HKK 349/1

RECEIVED IN REGISTRY

18 OCT 1983

DESK OFFICER

INDEX

REGISTRY

Action Taken

(87

OUR TEL NO 790:

CHINESE VISA OFFICE IN HONG KONG

1. H OF C WAS SUMMONED ON 17 OCTOBER BY LIN YONGPIN OF CONSULAR DEPARTMENT TO RECEIVE THE

see 88

(96

(94) (95)

197/98)

CHINESE RESPONSE TO OUR DRAFT PROPOSAL. LIN HANDED OVER A FURTHER DRAFT, WHICH IS BASED VERY CLOSELY ON OUR OWN PROPOSAL. FULL TEXT IN MIFT.

101

IC3

(1)

2. IN PARA 1 # THE CHINESE HAVE ALTERED THE WORDING TO REFER TO ''ARREST OR DETENTION PENDING TRIAL'

AS

INDCIATED IN OUR PREVIOUS MEETINGS ON THE CONSULAR AGREEMENT. HOWEVER THEY HAVE RETAINED THE REFERENCE TO PERSONAL INVIOL- ABILITY. GALSWORTHY SAID THAT HE THOUGHT THAT THIS MIGHT BE INCONSISTENT, SINCE PERSONAL INVIOLABILITY IMPLIED FREEDOM FROM ARREST OR DETENTION IN ANY FORM. HE THOUGHT THAT THE SENTENCE WOULD HAVE TO BE REWORDED ALONG THE LINES OF ITS OFFICERS AND THEIR DEPENDENTS NOT TO BE SUBJECT TO ARREST OR DETENTION PENDING TRIAL. THE QUALIFICATION ETC. GRATEFUL FOR ADVICE ON THIS.

3. ON 1(4) THE CHINESE HAVE WATERED DOWN THE REFERENCE TO THE VIENNA CONVENTION ON CUNSULAR RELATIONS. GALSWORTHY COMMENTED THAT THE REFERENCE TO THE EXTENT AS IS APPROPRIATE WAS UNCLEAR. IT APPEARED FROM THE CHINESE RESPONSE THAT ALL THAT WAS REALLY BOTHERING THEM WAS THAT THE PHRASE SHOULD NOT APPEAR TO IMPLY THAT THE VISA OFFICE WAS A CONSULATE IN ANY SENSE. WE WONDER WHETHER, IF WE WERE TO MAKE AN ORAL

STATEMENT THAT WE WOULD REGARD THIS AS MEANING THAT THE IMMUNITY WOULD IN FACT BE THE SAME AS THAT AFFORDED TO CONSULAR OFFICERS, THE CHINESE WORDING MIGHT BE ACCEPTED.

4. ON 1(5) THE CHINESE HAVE ADDED TAXES'' TO OUR TEXT WHICH REFERRED ONLY TO CUSTOMS DUTIEWS, LIN GAVE AS AN EXAMPLE OF WHAT HE MEANT CAR TAXES. LIN SAID THAT HE THOUGHT THE TREATMENT

ACCORDED TO OFFICERS OF THE VISA OFFICE SHOULD BE THE SAME AS

THAT ACCORDED TO MEMEBERS OF FOREIGN CONSULATES IN HONG KONG.

5. ON 1 (6) THE CHINESE HAVE SUBSTITUTED THE WORD INSPECTION

FOR SEARCH. THIS DOES NOT SEEM TO MAKE ANY DIFFERENCE.

CONFIDENTIAL

16.