TNAG-1349-FCO40-1790-Chinese-visa-office-in-Hong-Kong-1984 — Page 178

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

The Visa Office may designate special diplomatic couriers. In such cases the preceding provisions of this paragraph will also apply except that the special diplomatic couriers will cease to enjoy the immunities mentioned above as soon as they have delivered the dip- lomatic bag in their charge.

4. The British authorities in Hong Kong will treat the officers of the Visa Office with due respect, and will take all appropriate measures to prevent any attack on their person, freedom or dignity. The officers of the Visa Office and their dependents will not be subject to arrest or detention pending trial. The qualification con- tained in paragraph 3 of the British memorandum of 19 June 1981 is withdrawn by the British side.

5.

Officers of the Visa Office holding Diplomatic passports will be immune from jurisdiction of the judicial and administrative author- ities. Officers of the Visa Office holding Service Passports will be immune from the jurisdiction of the judicial and administrative authorities in respect of acts performed in the exercise of official functions. The foregoing provisions of this paragraph will not apply in the case of civil action:

(a)

(b)

(c)

Arising out of a contract concluded by an officer of

the Visa Office in which he does not contract expressly or impliedly on behalf of the Ministry of Foreign Affairs

of the People's Republic of China:

by a third party for damage arising from an accident in

Hong Kong caused by a vehicle, vessel or aircraft.

relating to private immovable property situated in Hong

Kong unless the officer of the Visa Office holds it on

behalf of the Ministry of Foreign Affairs of the People's

Republic of China for the purposes of the Visa Office.

CONFIDENTIAL

/d.

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