TNAG-1378-FCO40-1826-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 89

CONFIDENTIAL

PARAGRAPH FOUR

of the Schedule accords

Paragraph 4

diplomatic privileges

immunities to the Chinese members of the

the Joint Liaison Group

will attend meetings of the Group in London.

and

who

Paragraph 4 is designed to

to meet our obligations under paragraph 10

of Annex II to the Joint Declaration dealing with the Joint Liaison

Group. This states that "Members of the Joint Liaison Group shall enjoy diplomatic privileges and immunities

as appropriate when in

the three locations". The three locations are London, Peking and

Hong Kong. This section of the Bill accords diplomatic privileges

and immunities to the five Chinese members of the Group while in

London, in respect

of act s performed in the exercise of their official functions. Hong Kong will have to legislate separately to

accord the Chinese members of the Group diplomatic privileges and

immunities while in Hong Kong until 1997. Thereafter the British members of the Group will enjoy diplomatic privileges and immunities

in Hong Kong. We will expect the Chinese

to accord the five UK

members of the Group (including any Hong Kong representatives)

equivalent diplomatic privileges and immunities in Peking. The

Chinese might however refuse to regard it as appropriate to

to grant such privileges and immunities to any members of the Group from Hong

Kong whom they regard as Chinese nationals.British and Hong Kong

members of the Group will not of course enjoy privileges and

immunities in London or Hong Kong.

The obligation in paragraph 10 of Annex II is fairly widely drawn, and so paragraph 4 of the Schedule also draws diplomatic privileges

and immunities fairly widely. I t provides that the Diplomatic

Privileges Act of 1964 will apply to the five Chinese members of the

Group. This me an s that they will enjoy all the normal privileges

and immunities enjoyed by diplomats attached to an Embassy in London. The principal privileges and immunities concerned are:

-

personal inviolability, not liable to any form of arrest or

detention;

inviolability of residence, eg a hotel room;

immunity from the criminal and civil jurisdiction of the courts, except where waived:

CONFIDENTIAL