TNAG-1334-FCO40-1766-Future-of-Hong-Kong-legislation-1984 — Page 117

Mr Burrows

Bugtows

126

Mr. Poupel

Reference..

Grateful if we

we could dismiss

J.B.

3/0

36 و

X faminy

iint

Surely by, ow

we will

use respectin

выводоку

HONG KONG BILL : DIPLOMATIC PRIVILEGES

1.

Paragraph 4 of the Schedule to the draft Bill enclosed with De Waal's letter of 30 November has the effect of applying Articles 29, 30(2), 31-35(1)(b) and 36 (2), 38(1), 39 and 40 of the Vienna Convention articles scehduled to the Diplomatic Privileges Act 1964. These include most of the important privileges and immunities that a diplomatic agent enjoys personally. It is unclear to me whether paragraph 4 has the effect of applying Article 30 (1) (inviolability of private residence) or 37(1) This does not apply those articles of the Vienna Convention which are drafted in terms of conferring privileges and immunities upon the mission as such rather than upon diplomatic agents,ragraph 4 will not apply Articles 22 and 23 (inviolability and special duty to protect the premises of the mission; immunity of the premises, and property therein, and means of transport, from search, requisition, attachment or execution; exemption from taxes in respect of premises); or Articles 24 (inviolability of archives and documents) and 27

(communications privileges).

2.

That Articles 22, 23 and 27 (but to a lesser extent 24) could be significant is perhaps shown by the fact that similar provisions are included in the New York Convention on Special Missions, which is itself intended to accord diplomatic-type immunities and privileges to short-stay missions.

If i have,

3.

Paragraph 4 thus appears to be based on a somewhat narrow and literal interpretation of para 10 of Annex II to the Declaration.

how we wish to interpret it, presumably we are prepared to the Chinease apply it similarly the

If it were desired to members of the Group designated by HMG. give effect to a broader interpretation of the Annex this could in my view be done by a provision similar to that in the earlier draft Bill (with"or in respect of"added).

HKK 040/53 mcwood

RECEIVED IN AEGISTRY

CODE 18-77

3 December 1984

07 DEC 1984

QFFICER

PA

Y

sen

M C Wood

Legal Advisers

WH 230

233 4043