PRIVILEGES AND IMMUNITIES
(JOINT LIAISON GROUP)
Ord. No. 18/85
A85
(b) affect the liability of any person other than a person to whom this Ordinance
applies to pay rates and taxes in relation to any premises.
4. The archives and documents of any person to whom this Ordinance applies Inviolability of shall be inviolable wherever they may be.
archives and documents.
5. (1) The person of a person to whom this Ordinance applies shall be Personal inviolable.
(2) A person to whom this Ordinance applies shall not be liable to arrest or detention.
(3) A person to whom this Ordinance applies shall-
(a) subject to sub-paragraph (4), be immune from the jurisdiction of the judicial
and administrative authorities of Hong Kong; and
(b) not be obliged to give evidence as a witness.
(4) The immunity in sub-paragraph (3)(a) shall not apply to any person in the case of—
(a) a real action relating to private immovable property situated in Hong Kong, unless he holds it on behalf of the People's Republic of China for the purposes of the Joint Liaison Group;
(b) a civil action relating to succession in which he is involved as executor, administrator, heir or legatee as a private person and not on behalf of the People's Republic of China;
(c) a civil action relating to any professional or commercial activity exercised by
him in Hong Kong outside his official functions.
(5) No measure of execution may be taken in respect of a person to whom this Ordinance applies except in the cases referred to in sub-paragraph (4) and provided that the measure concerned can be taken without infringing the inviolability of his person or premises.
6. (1) The immunity from jurisdiction referred to in paragraph 5 of this Schedule may be waived by the Government of the People's Republic of China.
(2) Subject to sub-paragraph (3) any waiver of immunity shall be express. (3) The commencement of proceedings by a person to whom this Ordinance applies shall preclude him from enjoying immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.
(4) Any waiver of immunity from jurisdiction in respect of civil or administra- tive proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgment.
inviolability and immunity.
Waiver of immunity.
7. A person to whom this Ordinance applies shall be exempt from all taxes, Exemption from personal or real, except-
(a) any indirect taxes of a kind which are normally incorporated in the price of
goods and services;
(b) rates and taxes on private immovable property situated in Hong Kong, unless he holds it on behalf of the People's Republic of China for the purposes of the Joint Liaison Group;
(c) estate, succession or inheritance duties levied in Hong Kong-
(i) on private movable property not acquired by the deceased person due solely to his presence in Hong Kong as a person to whom this Ordinance applies; and
(ii) on private immovable property to which sub-paragraph (b) applies;
taxation.