PP PEKING
GRS 273
CONFIDENTIAL
FM FCO 0708342 JUNE 84
TO PRIORITY HONG KONG
CONFIDENTIAL
24619 1
TELEGRAM NUMBER 1037 OF 7 JUNE
copied to
61
An Whamersley (Leg. Ad)
INFO PRIORITY PEKING
5756 YOUR TELNO 1478 AND PEKING TELNO 992: CHINESE VISA OFFICE
1. YOUR PARA 1(III): FCO LEGAL ADVISERS AGREE, IN THE LIGHT OF PEKING TUR, THAT ALL WORDS AFTER 'INVIOLABLE' SHOULD BE DELETED
IN PARAGRAPH 2 OF THE SCHEDULE, BUT DO NOT THINK IT NECESSARY TO DELETE 'AT ALL TIMES AND' FROM PARAGRAPH 4 OF THE SCHEDULE,
SINCE THESE WORDS MATCH THE TERMINOLOGY USED IN BOTH VIENNA CONVENTIONS (ARTICLE 24 OF VCDR AND ARTICLE 33 OF VCCR).
2. YOUR PARA 1(VII) : ON FURTHER REFLECTION, WE AGREE THAT THERE IS NO NEED TO INCLUDE THE PROVISION THAT THE AUTHORITIES
WILL TAKE ALL APPROPRIATE MEASURES TO PREVENT ANY ATTACK ETC. IN FACT, ARTICLE 40 OF THE VIENNA CONVENTION (WHICH IS IN IDENTICAL TERMS) IS NOT INCLUDED IN THE SCHEDULE TO THE CONSULAR RELATIONS ACT 1968, AND IT DOES NOT THEREFORE HAVE THE FORCE OF LAW IN THE
UK.
3.
FCO LEGAL ADVISERS HAVE THE FOLLOWING FURTHER COMMENTS ON
PARAGRAPH 9 OF THE SCHEDULE TO THE DRAFT ORDINANCE IN YOUR TELNO
1340:-
(I)
THE INSERTION OF (1)' AFTER THE NUMERAL '9' MIGHT SUGGEST
THAT THERE ARE OTHER SUB-PARAGRAPHS WHICH HAVE BEEN OMITTED. WE
SUGGEST YOU CLARIFY NUMBERING.
(II) IN ITEMS (B) AND (F), IT IS NOT CLEAR WHICH 'PARAGRAPH 3' IS BEING REFERRED TO, IE WHETHER TO PARA 3 OF THE ORDINANCE OR THE SCHEDULE, OR TO A SUB-PARAGRAPH OF PARAGRAPH 9 ITSELF. AGAIN, WE SUGGEST CLARIFICATION.
(III) IT SEEMS TO US THAT ITEM (A) OF PARAGRAPH 9 OF THE
SCHEDULE MAY BE INCONSISTENT WITH PARAGRAPH 10 (WHICH REFLECTS PARAGRAPH 6 OF THE MEMORANDUM). WE SHOULD BE GRATEFUL FOR YOUR
VIEWS ON THIS POINT.
4. GRATEFUL TO KNOW YOUR PROPOSED TIMETABLE FOR PASSAGE OF
LEGISLATION.
see
HOWE
NNNN
DISTRIBUTION
LIMITED
HKD
NTD
FED
PROTOCOL D
CONS D
LEGAL ADVISER.
DR WILSON
CONFIDENTIAL
HKK 349/1
RECEIVED IN REGISTRY
@ JUN 1984
REGISTRY
C. SK OFFICES
INDEX
PA
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