TNAG-1349-FCO40-1790-Chinese-visa-office-in-Hong-Kong-1984 — Page 215

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GRS 450

CONFIDENTIAL

CONDENTIAL

DESK BY 03110OZ F C O

FM HONG KONG 030955Z APR 84

TO IMMEDIATE F C O

TELEGRAM NUMBER 914 OF 3 APRIL

INFO IMMEDIATE PEKING

(25).

HKK 349/1

RECEIVED IN REGIST

3

YOUR TELNO 613 CHINESE VISA OFFICE IN HONG KONG.

الله

1. WE WILL NEED TO CONSULT EXCO AGAIN BEFORE THE MEMORANDUM ON THE

VISA OFFICE IS SIGNED. THE LAST OPPORTUNITY TO DO THIS BEFORE THE

SECRETARY OF STATE'S VISIT WILL BE ON TUESDAY 10 APRIL. WE WOULD

THEN SEEK THE COUNCIL'S AGREEMENT TO THE ALTERNATIVE SYSTEM OF

MONITORING THE ISSUE OF PASSPORTS BY THE VISA OFFICE SUGGESTED IN

PARA 4 OF MY TELNO 336. WE HAVE DELAYED GOING BACK TO THEM ON THIS SPECIFIC ISSUE PENDING AGREEMENT ON THE MEMORANDUM.

2. ON POINTS OF DETAIL:

(A) WE ACCEPT ON REFLECTION THAT IT WOULD BE UNWISE TO RISK THE LONG

DELAY WHICH WOULD BE INVOLVED IN THE APPROACH SUGGESTED IN OUR

(19) TELNO 666. WE THEREFORE ACCEPT THAT THE MEMORANDUM SHOULD ITSELF

SPELL OUT THE PRIVILEGES AND IMMUNITIES TO BE ENJOYED, AND THAT,

APART FROM THE EXCEPTION RELATING TO ''GRAVE CRIME'', (WHICH

WE AGREED WAS CONCEDE EARLIER) THIS SHOULD CONFORM AS CLOSELY

AS POSSIBLE TO THE LANGUAGE OF THE VIENNA CONVENTION.

(B) THE POINT ABOUT IMPRISONMENT FOR DEBT NEED NOT (NOT) BE RAISED

WITH THE CHINESE: ALTHOUGH CONSULAR OFFICERS IN HONG KONG ARE

NOT IN FACT EXEMPT FROM LIABILITY ARISING FROM CIVIL MATTERS

NOT CONNECTED WITH THEIR OFFICIAL FUNCTIONS, AND COULD IN THEORY

BE ARRESTED AND IMPRISONED FOR A SHORT PERIOD UNDER LEGISLATION

RELATING TO CIVIL CLAIMS, THE LIKELIHOOD OF THIS IS SLIGHT.

THE EXISTENCE OF THESE PROVISIONS HAS NOT GIVEN RISE TO PROBLEMS

WITH THE CONSULAR CORPS.

3. THERE IS OF COURSE NO QUESTION OF PASSING THE NECESSARY

LEGISLATION IN HONG KONG BEFORE, THE SECRETARY OF STATE'S VISIT

(PARA 1 OF PEKING TELNO 621). IT HAS HOWEVER ALWAYS BEEN OUR

UNDERSTANDING THAT AGREEMENT ON THE MEMORANDUM WAS THE PRECONDITION

FOR SIGNATURE OF THE CONSULAR AGREEMENT, NOT THE ENACTMENT OF

LEGISLATION IN HONG KONG. WE HAD THE IMPRESSION THAT THE CHINESE

HAD ACCEPTED THAT THE LEGISLATION WAS A MATTER FOR THE HONG KONG

GOVERNMENT AND THAT WE COULD BE RELIED UPON TO FULFILL THE

PROVISIONS OF THE MEMORANDUM ONCE AGREED:

CON.IDENTIAL

14. GRATEFUL

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