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Update | China warns foreign diplomats in Hong Kong to ‘stay away’ from Occupy Central

Consulates are advised to keep their nationals away from 'illegal' assemblies

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A pro-democracy protester stands next to a banner in Hong Kong. Photo: AFP

Diplomats in Hong Kong have spoken of their shock at receiving a letter from the Chinese foreign ministry instructing them to avoid the ongoing pro-democracy protests that have swept the city.

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The letter, sent from the Office of the Commissioner of the Ministry of Foreign Affairs on September 28, was addressed to all foreign consulates in Hong Kong. It was first reported by the website Harbour Times and confirmed by the South China Morning Post.

“At present, some radical groups in Hong Kong are staging illegal activities of assembly and "Occupy Central", some acts of violence and legal offenses have occurred as a result,” the letter read. “The Hong Kong Police is dealing with them in accordance with the law.”

“To ensure the safety of all consular personnel and foreign nationals living in Hong Kong, we hope all Consulates-General in Hong Kong will strictly abide by the Vienna Convention on Consular Relations and relevant local laws and regulations of Hong Kong, restrain the behaviors of its consular staffs, and advise its nationals living in Hong Kong to stay away from the sites of assembly and "Occupy Central", so as to avoid violating the law and affecting their own safety and interests.”

Article 55 of the Vienna Convention says it is “the duty of all persons enjoying [consular] privileges and immunities to respect the laws and regulations of the receiving State. They also have a duty not to interfere in the internal affairs of the State.”

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However, consular staff are also granted certain rights by the host state. Article 34 guarantees that “subject to laws and regulations [prohibiting entry] for reasons of national security, the receiving State shall ensure freedom of movement and travel in its territory to all members of the consular post.”

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