TNAG-1333-FCO40-1765-Future-of-Hong-Kong-legislation-1985 — Page 165

CONFIDENTIAL

PP PEKING

GRS 733

CONFIDENTIAL

FM FCO 191430Z OCT 84

TO PRIORITY PEKING

TELEGRAM NUMBER 1338 OF 19 OCTOBER

TO

11218 1

-

HKK: 040/53

RECEIVED IN REGISTRY

22 OCT 1984

DESK OFFICER

INDEX

PA

AND TO PRIORITY HONG KONG

HONG KONG AGREEMENT: JOINT LIAISON GROUP:

PRIVILEGES AND IMMUNITIES

·

1. WE ARE REQUIRED BY THE TERMS OF ANNEX II OF THE HONG KONG

AGREEMENT TO ACCORD DIPLOMATIC PRIVILEGES AND IMMUNITIES TO THE

FIVE CHINESE MEMBERS OF THE JOINT LIAISON GROUP. WE INTEND TO DO

THIS BY MEANS OF A CLAUSE IN THE HONG KONG BILL TO BE INTRODUCED

IN PARLIAMENT EARLY NEXT YEAR. WE UNDERSTAND THAT LEGISLATION

WILL ALSO BE REQUIRED IN HONG KONG.

2. THE AGREEMENT MAKES NO REFERENCE TO PRIVILEGES AND IMMUNITIES

FOR THE 20 SUPPORTING STAFF ON EACH SIDE, OR FOR THE EXPERTS WHO

MAY TAKE PART IN MEETINGS OF THE GROUP AND SUB-GROUPS. WE WILL

HOWEVER WISH TO ENSURE THAT THESE ANCILLARY STAFF ON THE BRITISH

SIDE ARE ADEQUATELY PROTECTED WHILE IN CHINA. WE ARE SENDING BY

BAG FOR YOUR BACKGROUND INFORMATION THE TEXT OF A PAPER WHICH

ADDRESSES THIS PROBLEM, BUT SHOULD BE GRATEFUL IN ADVANCE FOR

YOUR ADVICE ON A NUMBER OF POINTS.

3. WE HAVE EFFECTIVELY RULED OUT THE OPTION OF EXTENDING THE

CLAUSE IN THE HONG KONG BILL TO INCLUDE THESE ANCILLARY STAFF (IE

'SUPPORTING STAFF AND EXPERTS) ON THE CHINESE SIDE AND OF

SEEKING EQUIVALENT ACTION FROM THE CHINESE TO COVER OUR OWN

PERSONNEL. EVEN IF WE COULD POINT TO A PRIOR UNDERSTANDING WITH

THE CHINESE THAT THIS WAS OUR JOINT INTERPRETATION OF THE

AGREEMENT (AND IT MIGHT BE DIFFICULT OR TIME CONSUMING TO REACH

SUCH AN UNDERSTANDING) WE MIGHT STILL ENCOUNTER PARLIAMENTARY

DIFFICULTIES. THIS LEAVES US WITH 2 OPTIONS WHERE OUR ANCILLIARY

STAFF IN PEKING ARE CONCERNED:

(A)

CHINA,

TO TAKE NO ACTIVE STEPS TO SECURE THEIR IMMUNITY WHILE IN

OR

(B) TO NOTIFY THE CHINESE MFA THAT THEY WERE TEMPORARILY

1

CONFIDENTIAL

47

REGISTRY

Action Taken

Page 165Page 166