TNAG-1349-FCO40-1790-Chinese-visa-office-in-Hong-Kong-1984 — Page 188

CONFIDENTIAL

12140

1

(D)

RELATING TO SUCCESSION IN WHICH THE OFFICER OF THE

VISA OFFICE IS INVOLVED AS EXECUTOR, ADMINISTRATOR, HEIR

OR LEGATEE AS A PRIVATE PERSON AND NOT ON BEHALF OF THE

MINISTRY OF FOREIGN AFFAIRS OF THE PEOPLE'S REPUBLIC OF

CHINA:

(E) RELATING TO ANY PROFESSIONAL OR COMMERCIAL ACTIVITY

EXERCISED BY THE OFFICER OF THE VISA OFFICE IN HONG KONG

OUTSIDE HIS OFFICIAL FUNCTIONS.

UNQUOTE

THESE ADDITIONAL EXCEPTIONS CORRESPOND TO SUB-PARAGRAPHS (A) TO

(C) OF ARTICLE 7(3) OF THE CONSULAR AGREEMENT, AND ARE A SLIGHTLY

MODIFIED VERSION OF PARAGRAPH 1, OF ARTICLE 31 OF THE VIENNA

CONVENTION ON DIPLOMATIC RELATIONS. IF THEY WERE NOT

INCLUDED, THE OFFICERS WOULD ENJOY IMMUNITIES GREATER THAN THOSE

ENJOYED BY ANY DIPLOMATIC AGENT IN THE UK. IT IS NECESSARY TO

ADD THEM NOW BECAUSE THE LIMITATION OF IMMUNITY TO OFFICIAL ACTS

HAS BEEN REMOVED IN RELATION TO HOLDERS OF DIPLOMATIC PASSPORTS

IN THE NEW CHINESE WORDING OF PARAGRAPH 5.

3. IF THE CHINESE ARE UNWILLING TO ACCEPT THE ADDITIONAL

EXCEPTIONS IN PARA 2(III) ABOVE, WE ARE READY TO GIVE YOU DISCRETION

TO AGREE TO THE CHINESE DRAFT AS IT STANDS, SUBJECT TO THE

AMENDMENTS IN PARAGRAPHS 2(1) AND (II) ABOVE, TO WHICH WE ATTACH

IMPORTANCE. GRATEFUL IF HONG KONG COULD CONFIRM DIRECT TO PEKING AS

SOON AS POSSIBLE THAT THIS IS ACCEPTABLE.

HOWE

NNNN

DISTRIBUTION

LIMITED

HKD

NTD

FED

PROTOCOL DEPT

CONSULAR DEPT

LEGAL ADVISERS

MVD

PS

PS/MR LUCE

SIR W HARDING

MR WILSON

LORD N GORDON LENNOX

-2-

CON. IDENTIAL