Annex
Legal Considerations regarding the
EC Office in Hong Kong
(1)
(2)
(3)
Under existing Hong Kong laws, the International Organisations and Diplomatic Privileges Ordinance (Cap. 190) is the only piece of legislation available for the conferment of privileges and immunities on the EC office and its staff. This ordinance is intended Co enable the Hong Kong Government to grant privileges and immunities to those organisations and persons who need such privileges and immunities in order to carry out their functions effectively.
We cannot grant privileges and immunities to the EC Office under the Consular Relations Ordinance
(Cap. 259). As that particular ordinance is designed to give effect to the Vienna Convention
on Consular Relations, we are unable to grant privileges and immunities under it to bodies other than consular missions of states.
Privileges and immunities which could be conferred on the EC office and its staff under Cap. 190 are listed in the Schedule at the end of this annex. Members of the EC Office would be provided with immunity from suit and legal process in respect of acts performed in the exercise of official duties,
similar to those enjoyed by consular officers in Hong Kong. However, the ordinance would not permit us to confer privileges and immunities such as the inviolability of members of the EC Office and their families or for the private residences of members of the EC Office.