TNAG-1395-FCO40-1867-Future-of-Hong-Kong-Parliamentary-debates-1985 — Page 69

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exemption from taxation and customs duties.

This paragraph is unlikely to be controversial.

Although we

we cannot

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

be in London for

only a few days a year.

It might be suggested that we could have fulfilled our obligations under Annex II simply by requesting that the Chinese should attach

their members of

of the Joint Liaison Group to

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. The Joint

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).

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

to be

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.

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 agreement to provide privileges and immunities to

anyone other than members of the Group. We will

will however wish to

ensure that any British staff sent to Peking enjoy appropriate

immunities, and we can expect the Chinese to ask for reciprocal

arrangements. This can however be the subject of discussions with

the

Chinese

and

not

need

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require

legislation.