HKK 349/1 (38
CONFIDENTIAL
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CONFIDENTIAL
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FM HONG KONG 100855Z APR 84
TO IMMEDIATE FCO
TELEGRAM NUMBER 982 OF 10 APRIL
INFO IMMEDIATE PEKINC
(36
YOUR TELNO 660 AND PEKING TELNO 686 TO YOU: CHINESE VISA OFFICE
IN HONG KONG
1. EXCO APPROVED ON 10 APRIL (BEFORE RECEIPT OF TELEGRAMS UNDER --
REFERENCE) THE GRANT OF PRIVILEGES AND IMMUNITIES ON THE BASIS OF
THE DRAFT UNDERSTANDING IN PEKING TELNO 235 TO YOU (AS AMENDED
(9 (16) 26 BY YOUR TELNOS 204 TO PEKING AND 624). EXCO ALSO AGREED TO THE
ALTERNATIVE SYSTEM OF MONITORING THE ISSUE OF PASSPORTS SUGGESTED
IN PARA 4 OF MY TELNO 336.
7
2. OUR INITIAL REACTION TO THE LATEST CHINESE DEMARCHE IS THAT THE
COMPROMISE FORMULA IN PARA 3 OF PEKING'S TELEGRAM UNDER REFERENCE
MIGHT BE TOLERABLE, PROVIDED IT IS CLEAR THAT QUOTE THE ABOVE
MENTIONED PROVISION UNQUOTE REFERS TO THE ENTIRE PRECEDING
SENTENCE, THAT IS, THE IMMUNITY OF HOLDERS OF BOTH DIPLOMATIC
PASSPORTS AND SERVICE PASSPORTS. WE ASSUME THAT THIS SHOULD BE
THE CASE, SINCE THE PHRASE IS CARRIED OVER FROM THE PREVIOUS
CHINESE DRAFT (AS IN PEKING TELNO 235) IN WHICH THERE WAS NO
AMBIGUITY, AND THE CHINESE CAN HARDLY PROPOSE A STRENGTHENING OF
THAT DRAFT AT THIS STAGE.
3. WE DO NOT (NOT) MUCH LIKE THE FORMULA SUGGESTED IN PARA 7 OF
PEKING TELEGRAM UNDER REFERENCE. BY GRANTING IMMUNITY FROM CIMINAL
JURISDICATION TO ALL OFFICERS OF THE VISA OFFICE (INCLUDING SERVICE
PASSPORT HOLDERS) AND THEIR DEPENDENTS, THIS WOULD SEEM TO OFFER
MORE THAN THE CHINESE SEEK IN THEIR QUOTE COMPROMISE UNQJOTE. WE HAVE
NO INTEREST IN SEEKING PARITY OF TREATMENT FOR THE VISA OFFICE AND
THE CONSULATES-GENERAL ESTABLISHED UNDER THE CONSULAR AGREEMENT,
IF THE CHINESE ARE NOW PREPARED TO ACEPT LESSER IMMUNITIES FOR THE
FORMER.
HADDON-CAVE
LIMITED
HKD
FED
PROTOCOL D
CONS D
MVD
LEGAL ADVISERS
PS
PS/MR LUCE
SIR W HARDING
MR WILSON
LORD N GORDON LENNOX
CONFIDENTIAL
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