TNAG-1334-FCO40-1766-Future-of-Hong-Kong-legislation-1984 — Page 99

CODE 18-77

Я. Ранк

wel

CONFIDENTIAL

I have minuted

Mr Power1 HKD

In this

на впиты

ви

HONG KONG BILL:

1.

Reference..

Mr Galswort

133

Tudt of The Legal advers

we of new

grew 7

Could wave or ve ure me for oblyato unor other II The was

no poral

-expanding To Bill,

W.7112

DIPLOMATIC PRIVILEGES

I understand that you have now considered the points raised in Mr Wood's minute to me of 3 December. I also understand that the department does not wish to amend the Bill to include the extra privileges and immunities referred to by Mr Wood, provided they can be assured that we should not be in breach of Annex 2 to the Joint Declaration by failing to grant them.

2.

My own view is that we have good ground for maintaining what Mr Wood describes as the somewhat narrow and literal interpretation of paragraph 10 of that annex, which provides that members of the Joint Liaison Group shall enjoy diplomatic privileges and immunities as appropriate when in the three locations. I reach this conclusion on the understanding that, although personally I took no part in the negotiation of that paragraph, it was understood by each side that its members of the group would visit the other's capital for only a few days a year, would operate exclusively from and through its own Embassy and would not wish to establish any separate mission premises. Against that background it seems to me reasonable to assume that paragraph 10 was never intended to provide for privileges and immunities for any premises.

3.

In view of these conclusions I do not propose to criticise paragraph 4 of the schedule to the Bill.

५. У виното

F Burrows

Legal Counsellor

6 December 1984

Copies to:

Mr Galsworthy, HKD Mr Wood, LA

HKK 040/53

RECEIVED IN REGISTRY

1 1 DEC 1984

DESK OFFICER

INDEX

PA

Action Taken

CONFIDENTIAL