TNAG-1333-FCO40-1765-Future-of-Hong-Kong-legislation-1985 — Page 158

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CONFIDENTIAL

CONFIDENTIAL

FM HONG KONG 290959Z OCT 34

}

HKK 040/53

RECEIVED IN REGISTRY

2 9 OCT 1984

52

TO IMMEDIATE F C O

DESCR

**FICER

TELEGRAM NUMBER 3330 OF 29 OCTOBER

INDE

WA

INFO PRIORITY PEKING

Mozzuk

YOUR TELNO 2133: HONG KONG AGREEMENT: JOINT LIAISON GROUP:

PRIVILEGES AND IMMUNITIES.

1. OUR TELNO 3301 SOUGHT TO FIND A PRACTICAL SOLUTION TO A RELATIVELY

MINOR ADMINISTRATIVE ASPECT OF THE IMPLEMENTATION OF THE AGREEMENT.

IN ESSENCE, OUR PROPOSAL WAS TO ADOPT OPTION B FROM THE PAPER ON SUPPORT STAFF (NOW RECEIVED) FOR NEXT WORD UNDERLINED ALL MEMBERS OF

THE JLG AT MEETINGS IN LONDON AND PEKING, 1.E. TO ATTACH JLG MEMBERS

AND SUPPORT STAFF TO THE RESPECTIVE EMBASSIES WITH A CATEGORY OF

VISA AND A DEGREE OF PRIVILEGE AND IMMUNITY APPROPRIATE TO THE

INDIVIDUAL'S RANK AND FUNCTIONS. BEARING IN MIND THAT WE ARE CONCER-

NED WITH A SMALL NUMBER OF OFFICIALS MEETING FOR A FEW DAYS A YEAR

IN THE TWO CAPITALS, THIS SEEMED TO US TO BE THE SIMPLEST SOLUTION.

IT IS SELF-EVIDENT THAT WE CANNOT ''REQUIRE THE CHINESE TO

ACCEPT IT, BUT YOUR TUR DOES NOT EXPLAIN WHY YOU THINK IT RIGHT TO

OPT FOR LEGISLATION WITHOUT FIRST DISCUSSING THE PROBLEM WITH THE

CHINESE AND ESTABLISHING WHAT THEY INTEND TO DO.

2. AS SEEN FROM HERE, IT WILL IN ANY CASE BE NECESSARY TO CONSULT

THE CHINESE BEFORE DECIDING WHAT PRIVILEGES AND IMMUNITIES SHOULD

BE ACCORDED TO CHINESE JLG MEMBERS IN HONG KONG. ANNEX II REFERS TO THE ENJOYMENT OF DIPLOMATIC PRIVILEGES AND IMMUNITIES ''AS APPROPRIATE' AND IT WOULD BE A SENSIBLE PRECAUTION TO CHECK, AS WE

PROPOSED IN OUR TUR, THAT THEY DO INDEED WANT FULL DIPLOMATIC

PRIVILEGES AND IMMUNITIES FOR THEIR 5 JLG MEMBERS AT MEETINGS IN

HONG KONG. IT IS AT LEAST POSSIBLE THAT THEY THEMSELVES WOULD

PREFER THEIR JLG MEMBERS TO BE ON ALL FOURS WITH CHINA-BASED

MEMBERS OF THE VISA OFFICE WHERE PRIVILEGES AND IMMUNITIES ARE

CONCERNED. HOWEVER, IF THEY DID WANT ''FULL' DIPLOMATIC PRIVILEGES

AND IMMUNITIES WE WOULD ENVISAGE A BILL SPELLING OUT THE REQUIRED

PRIVILEGES AND IMMUNITIES, USING AS FAR AS POSSIBLE THE LANGUAGE

OF THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS, BUT NOT SPECIFI-

CALLY REFERRING TO IT. WE COULD NOT OF COURSE TAKE ACTION UNTIL

AFTER SIGNATURE OF THE AGREEMENT.

CONFIDENTIAL

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