TNAG-1349-FCO40-1790-Chinese-visa-office-in-Hong-Kong-1984 — Page 223

CONFIDENTI^L

5. THERE IS A POTENTIAL DIFFICULTY OVER THE EXCEPTIONS TO ARTICLE 43 OF THE CONVENTION IN PARA 5 OF THE CHINESE DRAFT. IMPRISONMENT FOR DEBT STILL EXISTS IN HONG KONG. IN THEORY, A CONSULAR OFFICAL WHO HAD CONCLUDED A CONTRACT NOT ON BEHALF OF THE VISA OFFICE, AND WHO WAS THE SUBJECT OF A CLAIM ARISING OUT OF THAT CONTRACT,

OR WOULD BE LIABLE FOR IMPRISONMENT EITHER PENDING A HEARING,

IN ORDER TO ENFORCE A JUDGMENT ON PAYMENT OF ANY DEBT (OR BOTH). WE SHALL HAVE TO CONSIDER HOW THIS PROBLEM MIGHT BE DEALT WITH IN THE LEGISLATION, WITH THE OBJECT OF ACCORDING THE SAME DEGREE OF IMMUNITY TO THE VISA OFFICE STAFF AS IS AVAILABLE TO CONSULAR OFFICERS IN HONG KONG. THIS IS A FURTHER ARGUMENT IN FAVOUR OF STICKING TO THE ORIGINAL APPROACH.

YOUDE

LIMITED

HKD FED NTD

PROTOCOLD.

CONS.D.

MUD

PS / MR. LUCE

SIR. W. HARDING

MR. WILSON

LORD N. GORDON-LENNOX

COPIES TO.

SIR. P. CRADDOCK

2.

CONFIDENTIAL