TNAG-1349-FCO40-1790-Chinese-visa-office-in-Hong-Kong-1984 — Page 103

CONFIDENTIAL #er 65

For discussion

on 26 June 1984

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XCC (84)66

Copy No..

MEMORANDUM FOR EXECUTIVE COUNCIL R

The Chinese Visa Office (Privileges

and Immunities) BILL 1984

R&R 349/1.

Chris

A

B

Introduction

At Annex A for Members' consideration is the Chinese Visa Office (Privileges and Immunities) Bill 1984. The purpose of the Bill is to give effect to the Exchange of Notes of 14 April between HM Embassy, Peking, and the Chinese Ministry of Foreign Affairs, by granting certain privileges and immunities to the Chinese Visa Office in Hong Kong.

Background

2

Members will recall that the Chinese Visa Office opened in November 1981 on the basis of a temporary arrangement regarding privileges and immunities, recorded in an exchange of notes between the Chinese Foreign Ministry and the British Embassy in Peking. The question of certain extra privileges and immunities which the Chinese had requested, but which the Hong Kong Government_could not grant by administrative action, was deliberately left unresolved. The Chinese reserved the right to pursue the question after the Visa Office began work. In due course

course they did so, eventually drawing a direct link between agreement on this matter and the negotiations on the UK/China Consular Agreement.

3

(49)

Members last considered the subject on 10 April when they discussed memorandum XCC(84)38.

It was then agreed that HM Embassy, Peking, should be authorised to conclude the Exchange of Notes on this subject during the State's visit to Peking, if

if this would enable Agreement to be signed at the same time.

Secretary of the Consular

4

The exchange of Notes was made in Peking on 14 April, enabling the Secretary of State to sign the UK/China Consular Agreement on 17 April. It is now necessary to give legislative effect to the provisions of the understanding embodied in the Exchange of Notes. Members will recall that this is necessary because the Visa Office is not covered by the Consular Relations Ordinance. It would be helpful to HMG if this could be done soon, since it is unlikely that the Chinese will agree to provide premises for the British Consulate General in Shanghai until the Exchange of Notes on the Visa Office has come into effect, i.e. until the necessary Ordinance has been passed.

НКК 34911

RECEIVED IN REGISTRY

20 JUN 1984

ADEX

CONFIDENTIAL #

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