CONFIDENTIAL
14220
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2. WE BELIEVE THAT A HONG KONG ORDINANCE, USING OR INCORPORATING BY REFERENCE THE LANGUAGE OF THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS AS YOU PROPOSE, WOULD COVER THE MATTER SATISFACTORILY IN HONG KONG. ALTHOUGH YOU WILL NOT WANT TO PUT IT FORWARD UNTIL
AFTER SIGNATURE WE IMAGINE YOU MAY WISH TO BEGIN WORK ON DRAFTING
AS SOON AS POSSIBLE.
3.
IN LIGHT OF YOUR AND PEKING'S COMMENTS WE BELIEVE THAT THE
RIGHT SOLUTION ON SUPPORTING STAFF IS TO AIM TO SECURE THE
FOLLOWING ARRANGEMENTS: –
(A) IN PEKING ALL SUPPORTING STAFF WHETHER FROM LONDON OF HONG KONG WOULD BE NOTIFIED AS MEMBERS OF THE EMBASSY IN ACCORDANCE WITH ARTICLE 10 OF THE VIENNA CONVENTION. (DOES PEKING NOTIFY
ALL MEMBERS OF THE EMBASSY AS DIPLOMATIC STAFF, OR ARE SOME MEMBERS NOTIFIED AS ADMINISTRATIVE AND TECHNICAL STAFF?'). EXPERTS AND MEMBERS OF SUB GROUPS WHO WERE NOT MEMBERS OF THE JLG
ITSELF WOULD ENTER PEKING ON DIPLOMATIC VISAS. THE TYPE OF VISAS TO BE ISSUED TO OTHER SUPPORTING STAFF WOULD DEPEND ON THE ANSWER
TO THE QUESTION ABOVE.
(B) IN LONDON ALL CHINESE SUPPORTING STAFF WOULD BE NOTIFIED AS MEMBERS OF THE CHINESE EMBASSY. EXPERTS AND MEMBERS OF SUB
GROUPS WHO WERE NOT MEMBERS OF THE JLG WOULD ENTER ON DIPLOMATIC
VISAS. OTHER SUPPORTING STAFF WOULD ENTER ON EITHER
DIPLOMATIC OR OFFICIAL VISAS.
(C) IN HONG KONG ALL CHINESE SUPPORTING STAFF WOULD BE ATTACHED
TO THE CHINESE VISA OFFICE. EXPERTS AND MEMBERS OF SUB GROUPS WHO WERE NOT MEMBERS OF THE JLG WOULD ENTER ON DIPLOMATIC VISAS. OTHER SUPPORTING STAFF WOULD ENTER ON OFFICIAL VISAS.
THEY WOULD THUS ENOY PRIVILEGES AND IMMUNITIES ON THE CONSULAR SCALE RATHER THAN THE ON DIPLOMATIC SCALE, BUT WE MUST ASSUME THAT THE CHINESE WOULD BE PREPARED TO ACCEPT THIS IN VIEW OF THE
ABSENCE OF AN EMBASSY IN HONG KONG.
WE WOULD PROPOSE TO BROACH THE SUBECT OF PRIVILEGES AND IMMUNITIES WITH THE CHINESE IN A LOW KEY AFTER SIGNATURE. WE WOULD INFORM THEM THAT WE WERE LEGISLATING TO PROVIDE THE SAME
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CONFIDENTIAL
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