Hong Kong Ordinances

CONSULAR RELATIONS ORDINANCE - SECT 3

Provisions of Vienna Convention on Consular Relations

(1) Subject to section 4(2) and (3), the provisions set out in the Schedule
(being Articles or parts of Articles of the Vienna Convention on Consular
Relations done at Vienna on 24 April 1963) shall have the force of law in Hong
Kong and shall for that purpose be construed in accordance with subsections
(2) to (8).

(2) In those Articles or parts of Articles-

"authorities of the receiving State"
(接受國當局、接受國官吏、接受國機關) shall be construed as
including any police officer and any person exercising a power of entry to any
premises under any enactment;

"grave crime" (嚴重罪行) shall be construed as meaning any offence
punishable

(on a first conviction) with imprisonment for a term up to 5 years or with a
more severe sentence;

"Ministry for Foreign Affairs" (外交部) shall be construed as meaning the
Ministry of Foreign Affairs of the People's Republic of China;

"national of the receiving State" (接受國國民) shall be construed as
meaning a Chinese national.

(3) The reference in paragraph 2 of Article 17 to any privileges and
immunities accorded by customary international law or by international 
agreements shall be construed as a reference to any privileges and immunities
conferred in Hong Kong under the International Organizations 
and Diplomatic Privileges Ordinance ( Cap 190) or the International 
Organizations (Privileges and Immunities) Ordinance ( Cap 558).

(4) For the purposes of Article 45 and that Article as applied by Article 58 a
waiver shall be deemed to have been expressed by a State if it has been
expressed by-

   (a)  the person charged with the duty of acting in the capacity of; or

   (b)  any person for the time being performing the functions of, head, of
        the superintending diplomatic mission of that State or of the consular
        post concerned.

(5) Articles 50, 51, 52, 54, 62 and 67 shall be construed as granting any
privilege or immunity provided for in those Articles.

(6) The reference in Article 57 to the privileges and immunities provided in
Chapter II shall be construed as referring to those provided in Section II of
that Chapter.

(7) The reference in Article 70 to the rules of international law concerning
diplomatic relations shall be construed as a reference to the provisions of
the Regulations of the People's Republic of China Concerning Diplomatic
Privileges and Immunities in Schedule 5 to the Promulgation of National Laws
1997 (L.N. 379 of 1997)*.

(8) The references in Article 71 to additional privileges and  immunities that
may be granted by the receiving State or to privileges and immunities so far
as these are granted by the receiving State shall be construed as referring to
such privileges and immunities as may be specified by the Chief Executive in
Council by order in the Gazette under section 4.
___________________________________________________________________________
______ Note:

* L.N. 379 of 1997 is published at page 17/1 in Volume 1 of the Loose-leaf
Edition of the Laws of Hong Kong but has not been given a chapter number in
that Edition. The text of L.N. 379 of 1997 can also be
found in this database under the unofficial "chapter" no. 2402, which is
assigned to that instrument for identification purposes only.

"authorities of the receiving State"
(接受國當局、接受國官吏、接受國機關)

"grave crime" (嚴重罪行)

"Ministry for Foreign Affairs" (外交部)

"national of the receiving State" (接受國國民)