TNAG-1333-FCO40-1765-Future-of-Hong-Kong-legislation-1985 — Page 204

Mrs J C Radice Protocol/Department Room OAB G/58

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Reference

040 53

RECEIVED IN REGUNTRY

-5 OCT 1984

DESK OFFICEA INDEX

HONG KONG AGREEMENT: PRIVILEGES AND IMMUNITIES

1.

REGISTRY

Action Taken

几

Annex II to the Draft Agreement on the Future of Hong Kong (Cmnd 9352) contains details of the Sino-British Joint Liaison Group. The Group is to be established on the entry into force of the Joint Declaration i.e. upon the exchange of instruments of ratification before 30 June 1985.

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The Group is to be based in Hong Kong (from 1 July 1988), but will also meet in London and Peking. Paragraph 10 of Annex II reads:

2.

"Members of the Joint Liaison Group shall enjoy diplomatic privileges and immunities as appropriate when in the three locations. Proceedings of the Joint Liaison Group shall remain confidential unless otherwise agreed between the two sides."

We need to decide urgently how to give effect to this provision in UK law. (A separate question, not addressed in this minute, is how to give effect to it in Hong Kong law.)

3.

Paragraph 7 of the Annex describes the members of the Group in the following terms:

"Each side shall designate a senior representative, who shall be of Ambassadorial rank, and four other members of the group. Each side may send up to 20 supporting

staff."

The Annex distinguishes between members and supporting staff and experts; and only the members proper (i.e. 10 persons covered by the first sentence of paragraph 7) are to have diplomatic privileges and immunities.

It is clear from words "as appropriate when in the three locations" that the 5 UK members will not have any immunities and privileges in the United Kingdom.

4. Paragraph 10 of Annex II thus requires us to grant diplomatic privileges and immunities on the 5 members of the Group designated by the Government of the People's Republic of China when they are in the United Kingdom. There would seem to be two possible ways of doing this:

a)

b)

5.

CODE 18-77

by including a short provision in the Hong Kong Bill to the effect that the members of the Sino-British Joint Liaison Group nominated by the Government of the People's Republic of China will enjoy the like privileges and immunities as are accorded to diplomatic agents by the Diplomatic Privileges Act 1964; or

by obtaining China's agreement that their members of the Group will be appointed to the diplomatic staff of their Embassy: they would thereby automatically enjoy diplomatic privileges and immunities.

I have considered a third possibility, an Order in Council

/under

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