TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 187

CONFIDENTIAL

DIPLOMAT IC PRIVILEGES AND

PARAGRAPH FOUR OF SCHEDULE:

·

IMMUNITIES FOR THE JOINT LIAISON GROUP

Paragraph 4 of the Schedule accords diplomatic privileges

and immunities to the Chinese

the Chinese members of the Joint Liaison

Group. This is designed to meet our obligation under Annex

ΙΙ

the Joint Declaration which provides for the creation

of a Joint Liaison Group of five British and five Chinese members to meet in London, Peking and Hong Kong. Paragraph

10 of that Annex provides that "members of the Joint Liaison Group shall enjoy diplomatic privileges and

immunities as appropriate when

as appropriate when in the three locations".

accords diplomatic

This section of the Bill therefore

privileges and immunities to the five Chinese members of the group who attend meetings of the Group in London (but

not to supporting staff or "experts" attending meetings of the Group or sub-Groups). Existing legislation would not cover this rather unusual category of representative and we

therefore need to legislate specifically to cover their

case.

Under this paragraph the five Chinese members of the Group will enjoy all the normal privileges and immunities enjoyed

by diplomats attached to an Embassy in London. The

principle privileges and immunities concerned will be:

personal inviolability. They will not be liable to any

form of arrest or detention;

inviolability of residence;

immunity from the criminal and civil jurisdiction of the

course, except where waived;

and exemption from taxation and customs duties.

CONFIDENTIAL