TNAG-1349-FCO40-1790-Chinese-visa-office-in-Hong-Kong-1984 — Page 243

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5. DISCUSSION THEN MOVED ON TO THE PROCEDURE FOR ISSUING REPLACE- MENT PASSPORTS. LIN SAID THAT CHINESE SIDE STILL BELIEVED IT SHOULD BE LEFT TO INDIVIDUALS THEMSELVES TO CLEAR NECESSARY FORMALITIES WITH. THE HONG KONG IMMIGRATION DEPARTMENT.

THE NUMBERS INVOLVED WERE VERY SMALL. GALSWORTHY SAID THAT IN OUR EXPERIENCE IN SUCH CASES AT LEAST HALF THE PEOPLE INVOLVED FAILED TO COMPLETE THE FORMALITIES AND THAT THE HONG KONG AUTH- ORITIES WERE OFTEN BLAMED WHEN SUBSEQUENT DIFFICULTIES AROSE. LIN SAID THAT THE VISA OFFICE WOULD MAKE IT CLEAR TO INDIVIDUALS WHO RECEIVED REPLACEMENT PASSPORTS THAT THEY AND THEY ALONE ZERE RESPONSIBLE FOR COMPLETING FORMALITIES SO THAT THEY COULD LEAVE HONG KONG FREELY WHEN THE TIME CAME. HE UNDERTOOK THAT IF DIFFICULTIES DID ARISE FOR INDIVIDUAL TRAVELLERS BECAUSE THEY HAD NOT COMPLETED TE FORMALITIES, THE CHINESE SIDE WOULD NOT SEEK TO BLAME THE HONG KONG AUTH- ORITIES. GALSWORTHY POINTED OUT THAT THIS WAS A PRACTICAL MATTER AND THAT FOR THIS REASON THE DIRECTOR OF IMMIGRATION IN HONG KONG HAD SPOKEN TO THE DIRECTOR OF THE VISA OFFICE ABOUT IT (HONG KONG TEL NO 336). LIN WAS NOT AWARE OF THIS MEETING. GALSWORTHY SUGGESTED THAT THE MATTER SHOULD BE DISCUSSED AGAIN IN HONG KON, WHERE PEOPLE WERE BEST PLACED TO TALK ABOUT THE PRACTICAL DIFFICULTIES, BEFORE THE TWO SIDES RETURNED TO IT IN PEKING.

COMMENT

6. THE CHINESE HAVE CLEARLY DECIDED THAT ANY REFEREBCE TO THE WORD CONSULAR' IS UNACCEPTABLE. PART OF THE REASON FOR THIS LIES IN CHINESE GRAMMAR : IT IS IMPOSSIBLE TO HAVE A REMOTE CONDITIONAL, SO THAT THE WORDS AS IF THOSE COURIERS WERE CONSULAR COURIERS'' MIGHT JUST AS WELL BE TRANSLATED OUT OF CHINESE **IF THOS COURIERS APE CONSULAR COURIERS''. WE DO NOT SUPPOSE THAT IT MATTERS MUCH TO US WHETHER WE REFER TO ARTICLES OF THE VIENNA CONVENTION ON CONSULAR RELATIONS (VCCR) OR INSTEAD QUOTE THE TEXT IN FULL. WE AT FIRST THOUGHT THAT THE CONSTANT REFERENCE TO THE WORD 'DIPLOMATIC'' IN PARAGRAPH 3 ON COURIERS COULD CAUSE DIFFICULTY, BUT SEE ON CLOSER STUDY THAT ARTICLE 35 OF THE VCCR SPECIFICALLY REFERS TO DIPLOMATIC COURIERS. IF THIS IS ACCEPTABLE, THE ONLY POINT WHICH MIGHT CAUSE DIFFICULTY WOULD BE THE REFERENCE TO ''ALL APPROPRIATE MEANS OF COMMUNICATION", WITHOUT THE CAVEAT IN THE LAST SENTENCE OF VCCR ARTICLE 35(L) ABOUT WIRELESS TRANSMITTERS, THE PRECEDING EXCHANGE OF NOTES ALREADY ALLOWS THE VISA OFFICE THE USE OF CYPHER.

Z. ON PARAGRAPH 4 ON IMMUNITY FROM ARREST OR DETENTION THE CHINESE HAVE, AS WE FEARED THEY MIGHT, PLAYED US AT OUR OWN GAME BY EQUATING THIS TEXT TO THE DRAFT CONSULAR AGREEMENT. THIS WILL MAKE IT VERY DIFFICULT TO ARGUE AGAINST IT. BUT SINCE IT DESCRIBES WHAT IS PRESUMABLY DONE IN ANY CASE IT MAY NOT BE OBJECTIONABLE.

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