Hong Kong Regulations

CONSULAR RELATIONS (ADDITIONAL PRIVILEGES AND IMMUNITIES) (UNITED KINGDOM) ORDER - SCHEDULE 2

PROVISIONS OF THE 1984 AGREEMENT REFERRED TO IN THIS ORDER

[sections 2 & 3]

ARTICLE 3

(1) The consular premises shall be inviolable. The authorities of the
receiving State may not enter the consular premises without the consent of the
head of the consular post or the head of the diplomatic mission of the sending
State, or a person designated by one of those persons.

..........

(3) The provisions of paragraph (1) of this Article shall likewise apply to
the residences of consular officers.

ARTICLE 7

(1) Members of the consular post and members of their families shall be immune
from the criminal jurisdiction of the receiving State and shall not be liable
to arrest or detention pending trial.

(2) Members of the consular post shall be immune from the civil and
administrative jurisdiction of the receiving State in respect of any act
performed by them in the exercise of consular functions.

(3) The provisions of paragraph (2) of this Article shall not apply in respect
of a civil action:

   (a)  relating to private immovable property situated in the receiving
        State, unless the member of the consular post holds it on behalf of
        the sending State for the purposes of the consular post;

   (b)  relating to succession in which the member of the consular post is
        involved as executor, administrator, heir or legatee as a private
        person and not on behalf of the sending State;

   (c)  relating to any professional or commercial activity exercised by the
        member of the consular post in the receiving State outside his
        official functions;

   (d)  arising out of a contract concluded by the member of the consular post
        in which he did not contract, expressly or impliedly, on behalf of the
        sending State;

   (e)  by a third party for damage arising from an accident in the receiving
        State caused by a vehicle, vessel or aircraft.

(4) No measures of execution shall be taken against any of the persons
mentioned in this Article, except in the cases coming under subparagraphs (a),
(b) and (c) of paragraph (3) of this Article and provided also that the
measures concerned can be taken without infringing the inviolability of the
person concerned or of his residence.

(5) Members of the consular post and members of their families may be called
upon to attend as witnesses in the course of judicial or administrative
proceedings. If a consular officer or a member of his family should decline to
give evidence, no coercive measure or penalty shall be applied to that person.
Consular employees and members of their families, as well as members of the
service staff and members of their families, may not decline to give evidence
except as provided in paragraph

(6) of this Article*.

..........

(8) Members of the consular post who are nationals or permanent residents of
the receiving State and members of their families, as well as those members of
the families of the members of the consular post who are themselves nationals
or permanent residents of the receiving State, shall not enjoy the rights,
facilities and immunities provided for in this Article, except the immunity
provided for in paragraph (6) of this Article.
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_____ Note:

* Paragraph (6) of Article 7 reads as follows-

"Members of the consular post are under no obligation to give evidence
concerning matters relating to the exercise of their official functions or to
produce official correspondence or documents. They are also entitled to
decline to give evidence as expert witnesses with regard to the law of the
sending State."