TNAG-1349-FCO40-1790-Chinese-visa-office-in-Hong-Kong-1984 — Page 133

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HKK 349/1

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FM FCO 241645Z MAY 84

TO PRIORITY HONG ONG

TELEGRAM NUMBER 946 OF 24 MAY 1984

INFO PRIORITY PEKING

58) YOUR TELNO 1340: CHINESE VISA OFFICE

DESK OFFICER

INDEX

PA

1. MISS E WILMSHURST, ASSISTANT LEGAL ADVISER, HAS COMMENTED AS

FOLLOWS ON DRAFT BILL IN YOUR TUR·

QUOTE (1) PARAGRAPH 3.IS HONG KONG SATISFIED THAT THE PROVISIONS OF

PARAGRAPH 5 DO NOT ALSO CONSTITUTE PRIVILEGES AND IMMUNITIES TO

BE ACCORDED TO THE OFFICE? (I HAVE NOT BEEN ABLE TO CHECK THE

LEGISLATION REFERRED TO). IF PARAGRAPH 5 DOES GIVE ADDITIONAL

PRIVILEGES AND IMMUNITIES, IT IS NOT CORRECT TO SAY THAT THE

OFFICE WILL ENJOY 'ONLY' WHAT IS ACCORDED IN THE SCHEDULE.

(II) THE QUESTION OF DEPENDENTS IS NOT SATISFACTORILY DEALT WITH

IN THIS PARAGRAPH. DEPENDENTS DO NOT ENJOY BEGIN UNDERLINING ALL

CEASE UNDERLINING THE PRIVILEGES AND IMMUNITIES LISTED IN THE

SCHEDULE. THE ONLY PARAGRAPH WHICH HAS TO APPLY TO DEPENDENTS IN

THE SCHEDULE IS 7, BY VIRTUE OF THE UNDERSTANDING, BUT OF COURSE

HONG KONG CAN APPLY PARAGRAPH 9(1) OF THE SCHEDULE TO THEM TOO IF

THEY SO WISH.

(III) PARAGRAPH 2 OF THE SCHEDULE THE BILL IMPORTS AN

EXCEPTION FROM INVIOLABILITY WHICH IS NOT MENTIONED IN THE

UNDERSTANDING ITSELF · THAT CONSENT SHOULD BE DEEMED IN CASES OF

EMERGENCY. THIS IS USUAL FOR CONSULAR PREMISES, BUT NOT FOR

DIPLOMATIC PREMISES. HOWEVER THE EXCEPTION SHOULD NOT APPEAR

UNLESS IT HAS BEEN AGREED WITH THE CHINESE. WAS ANYTHING SAID

ABOUT THIS IN THE NEGOTIATING PROCESS WHICH COULD JUSTIFY HONG

KONG'S INCLUDING IT IN THEIR LEGISLATION? IF NOT, THE WORDS

AFTER 'INVIOLABLE' SHOULD ALL BE DELETED.

(IV) PARAGRAPH 5, SUB PARAGRAPH (3) IS NOT IN THE UNDERSTANDING

AND, STRICTLY, SHOULD NOT BE IN THE IMPLEMENTING LEGISLATION, BUT

IT IS SUCH A STANDARD PROVISION FOR DIPLOMATIC BAGS THAT I SHOULD

NOT THINK THE CHINESE WOULD COMPLAIN IF WE LEFT IT IN.

REG MIRY

Action Taken

see

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