3. ON THE TIMING OF ENTRY INTO FORCE OF THE UNDERSTANDING, LIN SAID THAT THE CHINESE SIDE HAD PREVIOUSLY INSISTED THAT THE CONSULAR AGREEMENT COULD NOT BE SIGNED UNTIL THE AGREEMENT ON THE VISA OFFICE CAME INTO FORCE. HOWEVER IN VIEW OF OUR WISH TO SIGN THE CONSULAR AGREEMENT DURING YOUR VISIT, THEY WERE PREPARED TO DROP THIS, AND WOULD THEREFORE ACCEPT OUR REDRAFT OF THE PENULTIMAT PARAGRAPH. ON A DETAIL, LIN POINTED OUT THAT THE WORD MEMORANDUM **
..
IN THIS PARAGRAPH SHOULD BE REPLACED BY UNDERSTANDING!! WE THINK THIS IS RIGHT.
•
6. LIN ALSO SUGGESTED THAT IN THE PARAGRAPH THAT
IMMEDIATELY FOLLOWS POINT & THE WORDS 'PARAGRAPH (11)(2)** SHOULD BE REPLACED BY PARAGRAPH 2 OF ARTICLE (11) 11 TO BRING IT INTO LINE WITH THE PHRASEOLOGY USED IN THE SECOND PARAGRAPH OF THE NOTE, WHICH REFERS TO ARTICLE I OF THE MEMORANDUM. THIS ALSO SEEMS RIGHT.
COMMENT
7. THERE IS THEREFORE ONE OUTSTANDING DIFFICULTY, THAT ON PARAGRAPH 5. ALTHOUGH THE CHINESE WERE CURIOUSLY UNWILLING TO SAY WHY THE WERE WORRIED ABOUT THIS, WE SUSPECT THAT IT IS BECAUSE ARTICLE 7 OF THE DRAFT CONSULAR AGREEMENT GOES CONSIDERABLY BEYOND WHAT IS PROPOSED IN OUR DRAFT OF ARTICLE 5, IN THAT IT GIVES TOTAL IMMUNITY FROM THE CRIMINAL JURISDICTION OF THE RECEIVING STATE, AND THE QUALIFICATION LIMITING IMMUNITY TO ACTS PERFORMED IN THE EXERCISE OF CONSULAR FUNCTIONS APPLIES ONLY TO CIVIL AND ADMINISTRATIVE JURISDICTION. ON THE ASSUMP-
TION THAT NEITHER OF THE PROPOSALS PUT FORWARD BY THE CHINESE TODAY
ARE ACCEPTABLE (EITHER TO LEAVE OUT TTHE WORDING OR TO DISTINGUISH BETWEEN HOLDERS OF DIPLOMATIC AND SERVICE PASSPORTS)
ON E POSSIBLE WAY OF DEALING WITH THIS WOULD BE TO OFFER TO
INSERT A PHRASE IN THE SECOND SENTENCE OF PARAGRAPH 4 SO THAT IT
WOULD READ ** THE OFFICERS OF THE VISA OFFICE AND THEIR DEPEND-
ENTS WILL BE IMMUNE FROM THE CRIMINAL JURISDICTION OF THE HONG KONG AUTHORITIES, AND WILL NOT BE LIABLE TO ARREST OR DETENTION PENDING TRIAL ''. THIS WOULD SERVE TO BRING THE TREATMENT OF IMMUNITY FROM JURISDICTION COMPETELY INTO LINE WITH THE CONSULAR
AGREEMENT.
8. GRATEFUL FOR THE EARLIEST POSSIBLE INSTRUCTIONS.
EVANS
LIMITED
HKD
NTD
FED
PROTOCOLD
LEGAL ADVISERS
CONS D MVD
PS PS/MR LUCE
SIR W HARDING MR WILSON
LORDI GORDON-LENNOX.
CONFIDENTIAL
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