CODE 18-77
Mr Furness
HKD
Reference.
AKE 400 / 1
1990
M
INDONESIAN AND THAI CONSULATES-GENERAL IN HONG KONG: PROSECUTION OF CONSULAR EMPLOYEES
та
30/11
337
Tel sente
MA. 30%..
p.a.
1.
I agree that, in this case, the sensible course would be to seek a waiver. As Hong Kong have pointed out, they will need the cooperation of members of staff of the two Consulates-General if a successful case is to be brought. The general rule, which is reflected in Article 44 of the Vienna Convention on Consular Relations (VCCR), is that consular officers and consular employees are liable to give evidence. However, a consular officer cannot be compelled to do so (Article 44(1)). Furthermore, no member of a consular post is under any obligation to give evidence concerning matters connected with the exercise of their functions or to produce official correspondence or documents (Article 44(3)).
2.
Paragraph 2 of Hong Kong Telno 3496 refers to an argument that criminal acts can always be regarded as extraneous to the exercise of consular functions. As indicated, such an agreement goes too far and would make Article 43(1) largely worthless. The question must be whether the act concerned was performed in the exercise of consular functions ie whether the crime was committed in the course of an act which the officer was under a duty to perform.
JJS Fockes
28 November 1990
cc: Mr Lloyd (Consular Dept)
Mr Fifoot )
Ms Barrett)
CB2AAT
J S Foakes
Assistant Legal Adviser K 158 270 3069