TNAG-1349-FCO40-1790-Chinese-visa-office-in-Hong-Kong-1984 — Page 21

CODE 18-77

Reference

enter

184

Miss Walker (HKD)

UK/CHINA CONSULAR AGREEMENT AND UNDERSTANDING ON CHINESE VISA OFFICE

IN HONG KONG

83

1. We spoke about Mr Glover's minute of 30 November to Mrs Coe (FED), which was copied to you.

2. I see a slight problem here. It arises from the fact that, whilst the UK/China Consular Agreement enters into force on the date of the later of the two notifications (see Article 11), the Understanding on the Visa Office comes into operation on the date of the UK notification (there being, of course, only one notification in the latter case). Accordingly, it seems to me that the UK can only give its notification for the purposes of the Understanding after the Hong Kong Ordinance has entered into force. Furthermore, if the UK gives a notification to cover both the Agreement and the Understanding before the Chinese have given their notification for the purposes of the Agreement, then we would be in the slightly awkward position that the Understanding would be in operation, but the the entry into force of the Agreement would be dependent upon Chinese taking the necessary action to give their notification. I am not sure, however, how we can square this particular circle, and although it is not for me to say I wonder how likely it is that the Chinese would renege at this stage. And even if they did, I think that we could then consider retaliating by getting Hong Kong to revoke their Ordinance.

3. In the light of this, I suggest the following amendments to the second paragraph of the draft Note attached to Mr Glover's minute under reference:

third line: use 'entered' rather than 'will enter': seventh line: delete 'on privileges and immunities', since,

as I understand it, the Understanding covers matters other than this, in its pre-penultimate paragraph;

last sentence: amend to read 'The said Understanding will,

therefore, come into operation today'

4 December 1984

cc: Mrs Coe (FED)

Mr Glover (NTD)

C.A.

ömersley

CA Whomersley Legal Advisers WH227;233 3946

HKK 349/1

RECEIVED IN REGISTRY

-

- 6 DEC 1984

DESK OFFICER

INDEX

REGISTRY Action Taken

PA

a