PART
A (FLT)
File No.
FC3/20
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FOREIGN OFFICE
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U.K.
SECRET
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CLOSED.
DEPT. FAR EASTERN
- BUTICAL AFFAIRS (EXT.) BILATERAL RELATIONS WITH-
ACTION AGAINST CHINESE IN U.K.
REFER TO
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NAME
DATE DEPT.
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RETURN THEM TO REGISTRY FOR B.U. OR P.A.
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PART
FC3/20 AG
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Mr. Bolland
ECEIVED 'N
Reference tIVES No 31 4E
+
F2.3Q
I telephoned Mr. Hsieh at the Chinese Office on the afternoon of 7
September to enquire what business he had wished to raise in attempted
tele- phone calls to Mr. Bolland.
2. Mr. Heich said he was instructed to tell me the following:
3.
※
(a) Ten packages of film addressed to
Shen P'ing had arrived in London on 1 September by air. They were
addressed to the Head of the Chinese Mission and should therefore be
released automatically. So far the Customs had failed to release them.
The Customs officials had said they had received no instructions from
the Foreign Office to release the goods. The Chinese had phoned Protocol
Department four times. Protocol Department had said they were not in
charge of the matter and had referred the Chinese to Far Eastern
Department.
(b) One box of invitation cars addressed
as above had arrived in London on 17 August. An application had been
handed in to the Foreign officegoh 22 August (No. P32-67) but so far the
goods still had not been released.
(0) A certain amount of printed matter was being detained by the Post
office.
Mr. Haieh demanded that the Foreign Offite give immediate instructions
to Customs to release the gooda and also to the Post office.
4. Mr. Hsieh said that the Mission were exempt from import duty and
customs examination. He asked whether the delay in releasing the goods
was a deliberate act by the British Government. He repeated the demand
for inmediate release of the goods and mail otherwise "we must make a
report on this serious matter to the Chinese Government and the British
Government will be responsible for all the consequenc Mr. Haich said
that the Chinese awaited Mr. Bolland reply and hoped he would act
promptly.
5. I told Mr. Haish that he should not assume that the British Customs
and Post Office were run by the Foreign Office, let alone Far Eastern
Department.
6. Mr. Haleh retorted that even 3.0.A.C. were now complaining about the
delay, they and other bodies had all referred the Chinese to the Foreign
Office and the Protocol Department had referred them to Far Eastern
Department.
Anand
D. I. Boyd)
8 September, 1967
JQ Band
Mi
spoke to
cofu Mayall about * above.
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See lataj submona
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SECRET
FC3/20
Mr. de la Mare
THIS IS A COPY
THE ORIGINAL HAS BEE'· RETAINED
+
IN THE DEPARTMENT UNC ....; SECTI 3(4) OF THE PUBLIC RECORDS ACT 1958
JAIMING THE CHINESE DIPLOMATIC WIRELESS
I have now had further discussions
the
Diplomatic Wireless Service and Government Communications Headquarters.
The upshot is that it would be technically possible to jan the Chinese
wireless on a narrow band, provided that this were done from a position
close enough to the Chinese premises. I understand that this could be
arranged and that there would be no interference with transmissions from
other sources.
2. The Director of the Diplomatic Wireless Service and the Director of
G.C.H.Q. both recommend, however, that we should not resort to jamming
because the Chinese might retaliate against our diplomatic wireless in
various posts in South East Asia. This could not apparently be done very
quickly nor is it clear how effective it would be, but in principle
there is strong objection to starting a jamming war.
3.
The
While I see the force of these objections, jamming is surely much
preferable to breaking into the Chinese diplomatic premises. It would
not necessarily have to be permanent end might be a very useful
bargaining counter against the restoration of our wireless facilities in
Peking. Diplomatic Wireless Service say that a complete replacement unit
for Peking has already been packed and could be despatched immediately
if the Chinese agreed to let it in. Any decision to start jamming could
be preceded by a warning to the Chinese Chargé d'Affaires on the lines
suggested in my minute of 24 August. I think that we should be more
likely to secure an eventual restoration of our own facilities by
jamming rather than by entering the Chinese diplomatic premises as this
could produce an ugly incident with consequences far more far-reaching
than merely preventing the restoration of facilities in Peking.
4. You will have noted from Mr. Hopson's most recent telegram today that
some emergency D.W.S. equipment has survived. He is presumably not using
it because he knows that it would be Monitored by the Chinese, who
otherwise would have no knowledge of its existence. It could, of course,
be used in extremis. Otherwise it would seem beat to continue to use the
French facilities and possibly to try to send some traffic in cypher
through commercial channels if the Chinese will allow it.
Jon Denson
(J. B. Dengon) 25 August, 1967.
I discussed this with the 6.15 at Dorney wood on 25 August. He said that
if it were possible
to sam on a maum Hand
مه ماه
моит
without undure complications we should but he did not want anything done
at this stage which would increase tension.
Please see what in the Chanine are suit
using their transmitter, then til ur further before any action is latter
Mr Boliafd
I spelen & off to for.
The Chinese
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and arranged for {.C.H.Q
THIS IS A COPY
THE ORIGINAL HAS BEEN RETAINED IN THE DEPARTMENT UNDER SECTION S) OF THE
PUBLIC RECORDS ACT 1958
Sir Denis
jen
CONFIDENTIAL
For Eas.....
Esenter.
41C
RECEIVED IN ARCH
31 AUG 197
1FC3/19
Counter Leusures against
zasures of the Chinese Diplomatic
It is useful to have Sir Francis Vallat's review of the possibilities. I
gather there is no immediate intention to make an Order. Before making
an Order it will be necessary carefully to consider the probable extent
to which the removal of immunities from the Chinese Mission and
personnel in London will adversely effect the position of their British
counter-parts in Peking. So far the Chinese have not "removed" or denied
the right to immunity of our Hission end personnel in Peking, although
their actions are blatant infringements of that immunity.
C. HENSBY)
A just, 1067
I agree generally. Let us certainly take retaliatory action but,
needless to say, nothing that would make the plight of our people in
Peking worse than it is.
LIME Stow
(G. K. F. STOW)
23 Agust, 1967
Copies to:
Sir Francis Vallat Mr. de la Mare
p.
Par Eastern Department
Arbuthnott
Now overtaken.
pela ik
We shobe.
ни
Mr. Thomson already has the
minute by fix F. Vallat
To be' enter. I
301 Far Eastern
24
ঠ Dr."/
with Sir F Vallal.
CONFIDENTIAL
hr. de la Xar
4 B
SECRET
0.3:
SU AUG 1967
CHINESE DIPLOMATIC WIRELESS
On 21 August Er. Thomson told the Chinese Chargé d'Affaires that Chinese
diplomatic wireless facilities would be suspended until such time as our
facilities in Peking were restored. We know from G.C.H.Q. that the
Chinese are, in fact, transmitting. G.C.H.Q. do not wish to jam the
transmissions as this would involve jamming other transmitters.
Moreover, they are afraid that the Chinese might retaliate by jamming
transmissions from Hong Kong. As the Chinese have their own generator
there would be no point in cutting off the electricity supply. The only
alternative, therefore, seems to be to enter the Chinese premises and
remove the transmitter.
/)2.
In his minute of 23 August (attached) Sir F. Vallatt points out that in
view of what has happened in China there would probably be sufficient
legal basis for the withdrawal of a number of privileges and immunities
conferred on Chinese diplomats by the Diplomatic Privileges Act, 1964.
Article 22 of this Act deals with the inviolability of the premises of
the Kission, including the property thereon. If Kinisters decided,
therefore, that the wireless transmitter should be removed we could find
legal justification for doing so. It would, however, require the
agreement of the Home Office if the premises were to be entered by the
police. The Chinese would certainly resist and a struggle might ensue
involving violence, if not bloodshed. Recent experience has shown that
arms are often held in Chinese diplomatic Missions.
3. If we contemplated taking this kind of action a first step might be
to tell the Chinese that we knew that they had ignored our instruction
to cease transmitting and that if within a given period our own
facilities in Peking were not restored we should take whatever measures
were necessary to stop them from tranmitting. They could be told at the
same time that they would be allowed to transmit messages through
commercial channels provided that we were allowed to do so in Peking. It
is, of course, possible that even if the Chinese were to agree to our
facilities being restored in Peking this could not take place
immediately as the equipment has probably been irreparably damaged.
2mm Denson
(J. B. Denagh) 24 August, 1967.
Copy to: Private Secretary.
/I think
SECRET
SECRET
Sir D. Allen
I think that the first step is to summon the Chinese Chargé d'Affaires
and tell him that we know that they are continuing to use their
transmitter although they have been instructed not to do so. I would add
that if they do not voluntarily comply with these instructions we intend
to take steps to prevent the use of the transmitter but that, as soon as
our own D.W.S. facilities in Peking are restored the instructions
banning theirs will be lifted. I would also remind him (although he must
be quite well aware of the fact) that he is at liberty to send
telegraphic messages to Peking by ordinary commercial channels.
2. If you agree I think that I should tell Shen P'ing tonight that I
should wish to see him tomorrow morning suggest at 9 a.m.
I agree that
ん
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W.f. de la han
(A.J. de la Mare)
24 August, 1967
that we should tell then Pin
know he is still transmitting. If
Ping
we
wt
further
مرو
we must be clear what steps we intend to take.
I think myself that we should not enter the
Chinese premises
without first withdrawing, by
Order in Council, their privilege of inviolability. Such action might
cause the Chinese to remove
be worth) the inviolability (for what little that may of M. Hopson's
news premises in Peking.
Until we have prepared
and are ready to use it
am Broker in Council
only
I should, warn then Pling
that we expect him to comply with one instructiones and to communicate
by commercial channels; if he does not he must face the consequences.
SECRET
The next step, if and when we are
ready to art, might be to tell him if he still was his windlers that he
will lose
We might prefere an
his immunity.
Order in Council
to cover perhaps aho
Lü
the post in the last paragraphe of Sir F.
Vallat's minute as well an
Article 22
of the
1964 Pct.
But we should have to
be cautions about deciding to enact it.
ри
Thongkon
Denis Allen. "/8
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Sir Denis Allen
CONFIDENTIAL
4|A)
ACER ༥ ARCHIVES N 31
Counter Measures against
members of the Chinese Diplomatic Mission ---
FC3RQ
This morning Sir Kenneth Jones, Home Office, telephoned to say that, in
his view, an amendment could not be made to the Aliens Order 1953 to
make the provisions regarding permission to leave the United Kingdom
applicable to members of a foreign diplomatic mission. The reason is
that the exclusion of diplomatic persons is provided by Section 14(1) of
the Aliens Restriction (Amendment) Act 1919 as amended by Section 5(1)
of the Diplomatic Privileges Act 1964. In other words, the privilege to
leave the realm is statutory and cannot be amended by Order in Council.
2. We have considered whether, notwithstanding the provisions of the
1919 Act, this privilege could be restricted by Order in Council under
Section 3(1) of the Diplomatic Privileges Act 1964. However, that
provision is limited to the withdrawal of privileges and immunities
conferred under the 1964 Act. It does not, in our view, extend to a
privilege enjoyed under the 1919 Act.
3. These views have been put orally to the Attorney-General who, after
consultation with the Solicitor-General, has, at least provisionally,
agreed that they are right.
of discussion
4. In the courag, the Attorney-General pointed out that the with- drawal
of privileges under Section 3(1) of the 1964 Act need not coincide
exactly with the reduction of privileges and immunities accorded to the
British Mission in China. He thought (and I respectfully agree) that
what had happened in China would provide sufficient legal basis for the
withdrawal of a number of privileges and immunities conferred by the
1964 Act. It may be desirable to consider whether any such action should
be taken, even though it would not include withdrawal, by Order in
Council, of the right to leave the United Kingdom. It may be noted, in
this connection, that an Order under Section 3 of the 1964 Act could be
brought into force without delay although, by Section 6(1), it would be
subject to annulment in pursuance of a resolution of either House of
Parliament.
5, The relevant privileges and immunities are stated in the Articles of
the Vienna Convention on Diplomatic Relations set out in Schedule 1 to
the Diplomatic Privileges Act 1964. I have examined these Articles and
think that the following are those most worthy of consideration in the
present connection,- Articles 22, 24, 27, 29, 30, 31, 36, 37 and certain
parts of 39. For convenience of reference a copy of the Act is attached.
6. Briefly, the subject matter of those Articles is as follows:-
Article 22 deals with the inviolability of the premises
of the mission, including property thereon and the means of transport of
the mission.
Article 24 provides for inviolability of the archives
and documents of the mission.
CONFIDENTIAL
/Article 27
CONFIDENTIAL
Article 27 deals with freedom of communication.
Articles 29 and 30 provide for the inviolability of the
person of the diplomatic agent and his residence and papers.
Article 31 provides for the immunity from jurisdiction
of a diplomatic agent.
Article 36 concerns customs privileges and inspection of
personal baggage.
Article 37 provides for the extension of privileges and immunities to
members of the family of a diplomatic agent and other members of the
staff of a mission.
Article 39 calls for special comment. It does not expressly confer a
right to leave the country. What it does is to provide for the
continuation of the privileges and inmunities until the persons affected
actually leave the country or until the expiry of a reasonable period in
which to do so. It may be desirable to make an Order which would make it
clear that, on the termination of any diplomatic status, a member of the
Chinese Mission would immediately lose all his privileges and
immunities, i.e. that he would lose the benefit of the "expiry of a
reasonable period" in which to leave the country. This would reinforce
the position if it were decided to terminate the diplomatic status of
any member of the Mission who tried to leave the country without an exit
visa.
Fain Vallar
(Francis Vallat) 23 August, 1967.
Copy to:
Mr. de la Mare
Far Eastern Dept.
Protocol Dept.
Airlin bein When
other ph
ん
25/8
CONFIDENTIAL
MON
DIEU
DRO
FZ 3/10w41
Diplomatic Privileges Act 1964
CHAPTER 81
ARRANGEMENT OF SECTIONS
Section
1. Replacement of existing law.
2. Application of Vienna Convention.
3. Restriction of privileges and immunities.
4.
Evidence.
5. Consequential amendments.
6. Orders in Council.
7. Saving for certain bilateral arrangements.
8. Short title, interpretation, commencement, repeal and saving.
SCHEDULES:
Schedule 1-Articles of Vienna Convention having the
force of law in the United Kingdom.
Schedule 2-Enactments repealed.
Diplomatic Privileges Act 1964
CH. 81
1
ELIZABETH II
DIEL
1964 CHAPTER 81
An Act to amend the law on diplomatic privileges and immunities by
giving effect to the Vienna Convention on Diplomatic Relations; and for
purposes connected therewith.
[31st July 1964]
B
E IT ENACTED by the Queen's most Excellent Majesty, by and with the
advice and consent of the Lords Spiritual and Temporal, and Commons, in
this present Parliament assembled, and by the authority of the same, as
follows:-
1. The following provisions of this Act shall, with respect Replacement
to the matters dealt with therein, have effect in substitution of
existing for any previous enactment or rule of law,
law.
2-(1) Subject to section 3 of this Act, the Articles set out Application
in Schedule 1 to this Act (being Articles of the Vienna Conven- of
Vienna tion on Diplomatic Relations signed in 1961) shall have the
Convention. force of law in the United Kingdom and shall for that
purpose be construed in accordance with the following provisions of this
section.
(2) In those Articles
agents of the receiving State" shall be construed as in- cluding any
constable and any person exercising a power of entry to any premises
under any enactment (including any enactment of the Parliament of
Northern Ireland);
"national of the receiving State" shall be construed as
meaning citizen of the United Kingdom and Colonies
A 2
2
Restriction of privileges and
immunities.
CH. 81
LI
Diplomatic Privileges Act 1964
Ministry for Foreign Affairs or such other ministry as may be agreed"
shall be construed as meaning the department of the Secretary of State
concerned: and, in the application of those Articles to Scotland, any
reference to attachment or execution shall be construed as a reference
to the execution of diligence, and any referend co the execution of a
judgment as a reference to the enforce at of a decree by diligence.
(3) For the purposes of Article 32 a waiver by the head of the mission
of any State or any person for the time being performing his functions
shall be deemed to be a waiver by that State.
(4) The exemption granted by Article 33 with respect to any services
shall be deemed to except those services from any class of employment
which is insurable employment, or in respect of which contributions are
required to be paid, under the National Insurance (Industrial Injuries)
Acts 1946 to 1964, the National Insurance Acts 1946 to 1964, any
enactment for the time being in force amending any of those Acts, or any
corresponding enactment of the Parliament of Northern Ireland, but not
so as to render any person liable to any contribution which he would not
be required to pay if those services were not so excepted.
(5) Articles 35, 36 and 40 shall be construed as granting any privilege
or immunity which they require to be granted.
(6) The references in Articles 37 and 38 to the extent to which any
privileges and immunities are admitted by the receiving State and to
additional privileges and immunities that may be granted by the
receiving State shall be construed as referring respectively to the
extent to which any privileges and immunities may be specified by Her
Majesty by Order in Council and to any additional privileges and
immunities that may be so specified
No comments yet.
Private notes are available after approval.