TNAG-1349-FCO40-1790-Chinese-visa-office-in-Hong-Kong-1984 — Page 237

CODE 18.77

HKK 349/1

RECEIVED IN REGISTRY

Miss Walker, HKD

22 FEB1934

DESK OF ICEA

PA

STRY

Action Taken

Reference...GNT401/301/10)

cc: Mr Whomersley, Legal Advisers

Mr Cox, FED

see 111; 13

CHINESE VISA OFFICE IN HONG KONG

1.

I refer to your minute, received on 15 February, enclosing copies of Hong Kong tels nos 234 and 235 of 13 February.

2.

(8) (9)

My observations on the revised draft Understanding provided by the Chinese are as follows:

Paragraph 3

Subject to Mr Whomersley's views I see no objection to this amalgam of Article 35 of the Vienna Convention on Consular Relations and Article 27 of the Vienna Convention on Diplomatic Relations. I note that it gives absolute immunity to the bag, i.e on the scale of Article 27 (3) of the VCDR, and not the more limited protection afforded by Article 35 (3) of the VCCR. Also, it is interesting to see that the Chinese propose that 'Diplomatic couriers shall enjoy personal inviolability and shall not be liable to any form of arrest or detention'. In draft Article 7 (1) of the Consular Agreement they were unwilling to concede the words which I have underlined and gave us only 'to arrest or detention pending trial' (as in paragraph 4 of the draft Visa Office Understanding).

I do not, however, wish to suggest any reopening of Article 7 (1) of the Consular Agreement on this account.

Paragraph 4

While I see no objection to the insertion by the Chinese of a clause conferring personal protection, the form of words which they have proposed goes beyond that of Article 40 of the VCCR and draft Article 6 of the bilateral Consular Agreement in that it includes not only officers but their dependents. When draft Article 6 of the Consular Agreement was being negotiated in April of last year, the Chinese delegation were not prepared to extend the benefits of this clause to consular officers' families. As neither the police in Hong Kong nor those in Manchester are likely to be able to give effective protection to dependents as well as to officers, I think that you should suggest to the Hong Kong authorities that the words 'and their dependents' should be deleted from the first sentence of paragraph

The Visa Office Understanding and the Consular Agreement will then be brought into line with one another.

4.

Paragraph 5

It is necessary to insert the words 'in respect of acts performed in the exercise of official functions' after 'adminis- trative authorities' (cf Article 43 (1) of the VCCR and draft Article 7 (2) of the Consular Agreement).

20 February 1984

My love

R S Glover

NTD CL535 (213-6192)