TNAG-1395-FCO40-1867-Future-of-Hong-Kong-Parliamentary-debates-1985 — Page 68

CONFIDENTIAL

PARAGRAPH FOUR

Paragraph

4

of the Schedule accords diplomatic privileges and

immunities to the Chinese members of the Joint Liaison Group who will attend meetings of the Group in London.

me e t

Paragraph 4 is designed to

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

section of the Bill accords diplomatic privileges

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

London, in respect

of acts 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 grant

such privileges and immunities

immunities to any members of the Group from Hong Kong whom they regard as Chinese nationals.British and Hong Kong

of the Group will not of course enjoy privileges and

members

immunities in London or Hong Kong.

The obligation in paragraph 10 of Annex II

II is fairly widely drawn,

and so paragraph 4 of the Schedule also draws diplomatic privileges

and immunities fairly widely. It 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

jurisdiction of the courts,

except where waived:

CONFIDENTIAL