TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 228

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exemption from taxation and customs duties.

Although we cannot

This paragraph is unlikely to be controversial.

rule out objections to the resulting increase in the number of persons in London enjoying privileges and immunities, Ministers can reasonably point out that it only amounts to an increase of five.

Moreover the individuals concerned are likely to be in London for

only a few days a year.

It might be suggested that we could have

have fulfilled our obligations

under Annex I I simply by requesting that the Chinese should attach

their members of the Joint Liaison Group to the Chinese Embassy in

London. If however the Chinese were to refuse then we would not be

able to fulfil our obligations under Annex II. The only safe way to

proceed therefore is to legislate to cover this case.

Liaison Group could not be covered under the International

Organisations Act 1968 because it is neither an international

organisation (Section 1) nor an international conference (Section

6).

The Joint

This paragraph of the Bill will provide all the privileges and immunities of the person, including inviolability of all papers they

carry with them, etc as well as enabling the Secretary of State to issue conclusive certificates on any fact relevant to privileges and

immunities. We would expect the Chinese delegation

to the Joint

Liaison Group to be based at the Chinese Embassy in London, and so

their archives kept at the Embassy, and their communications through the Embassy's facilities would be covered by the privileges

and immunities enjoyed by the Embassy.

ΙΙ

immunities

to

We will however wish to

The Bill does not deal with the status of experts who are not

members of the Group, or supporting staff. Annex II provides for each side to send up to 20 supporting staff. There is no obligation

on us in the

to agreement

provide privileges and

anyone other than members of the Group.

ensure that any British staff sent to Peking enjoy appropriate

expect the Chinese to ask for reciprocal however be the subject of discussions with

immunities, and we can

arrangements. This can

the Chinese and need not require legislation.

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