TNAG-1349-FCO40-1790-Chinese-visa-office-in-Hong-Kong-1984 — Page 195

GRS 1500

CONFIDENTIAL

DESKBY 06093QZ

CONFIDENTIAL

FM HONG KONG 060800Z APR 84

TC IMMEDIATE F C O

TELEGRAM NUMBER 941 OF 6 APRIL

32 MIPT:

CHINESE VISA OFFICE IN HONG KONG

FOLLOWING IS TEXT OF PROPOSED EXCO MEMORANDUM

BEGINS.

THE CHINESE VISA OFFICE IN HONG KONG

INTRODUCTION

HKK 349/1

RECEIVED IN REGISTRY

1 1 APR 1234

DESK OFFSA

INCLA

س

THE PURPOSE OF THIS MEMORANDUM IS TO SEEK MEMBERS' ADVICE ON

THE CONCLUSION OF AN EXCHANGE OF NOTES COVERING THE PRIVILEGES AND

IMMUNITIES TO BE ENJOYED BY THE VISA OFFICE, AND THEIR APPROVAL FOR A MODIFIED SYSTEM OF MONITORING THE ISSUANCE OF REPLACEMENT

PASSPORTS BY THE CHINESE VISA OFFICE IN HONG KONG. THE REASON FOR PUTTING THE MATTER TO THE COUNCIL NOW IS BECAUSE IT IS HOPE THAT THE EXCHANGE OF NOTES AND SIGNATURE OF THE UK/CHINA CONSULAR AGREEMENT WHICH IS ALSO UNDER NEGOTIATION MIGHT TAKE PLACE DURING THE

SECRETARY OF STATE'S VISIT TO PEKING (SEE PARA 4 BELOW).

BACKGROUND

2. MEMBERS LAST CONSIDERED THE SUBJECT ON 27 APRIL 1983 WHEN THEY DISCUSSED MEMORANDUM XCCI(83)49. IT WAS THEN AGREED THAT THE EMBASSY IN PEKING SHOULD BE AUTHORIZED TO AGREE TO SEPARATE TALKS ON PRIVILEGES AND IMMUNITIES, AND TO INDICATE THE HONG KONG GOVERNMENTS WILLINGNESS IN PRINCIPLE TO ENACT SPECIAL LEGISLATION, IF IT BECAME CLEAR THAT THIS AGREEMENT WAS THE FINAL OBSTICAL TO THE CONCLUSION OF A CONSULAR AGREEMENT, AND SUBJECT TO CERTAIN

CONDITIONS.

THE PRESENT SITUATION

3. AS THE RESULT OF LENGTHY NEGOTIATIONS BETWEEN THE EMBASSY AND THE CONSULAR DEPARTMENT OF THE CHINESE FOREIGN MINISTRY IN PEKING WE ARE VERY CLOSE TO AN AGREEMENT ON THE WORDING OF AN EXCHANGE OF NOTES COVERING THE PRIVILEGES AND IMMUNITIES FOR THE VISA OFFICE. HONG KONG LEGISLATION WOULD SUBSEQUENTLY BE ENACTED TO ACCORD THE AGREED PRIVILEGES AND IMMUNITIES TO THE VISA OFFICE. THE COUNCIL'S PERMISSION TO INTRODUCE THE BILL INTO THE LEGISLATIVE COUNCIL WOULD BE SOUGHT IN DUE COURSE. A PRELIMINARY DRAFT BILL, PREPARED IN 1981, WAS ATTACHED TO MEMORANDUM XCC1(83)19 FOR ILLUSTRATIVE PURPOSES. THE FORMAT OF THE BILL TO BE INTRODUCED IS NOW LIKELY TO BE DIFFERENT: IT WILL SPELL OUT THE PRIVILEGES AND IMMUNITIES, USING WHEREVER POSSIBLE THE' LANGUAGE OF THE RELEVANT PARTS OF THE VIENNA CONVENTION ON CONSULAR RELATIONS. THE PURPOSE REMA INS

THAT OF GRANTING A DEGREE OF PRIVILEGE AND IMMUNITY NO GREATER THAN IS AVAILABLE TO CONSULATES AND COMMISSIONS IN HONG KONG,

CONFIDENTIAL

14. SUBJECT.

33

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