Application
of Vienna Convention.
1988 c. 18, L. Firm Schedule,
(UME 4. 56) (1965 c. 34.3
(Cap. 190.)
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2. (1) Subject to section 3 and to subsection (2) of section 4, the provisions set out in the First Schedule (being Articles or parts of Articles of the Vienna Convention on Consular Relations signed in 1963) shall have the force of law in Hong Kong and shall for that purpose be construed in accordance with subsections (2) to (9) of this section.
(2) In those provisions-
"authorities of the receiving State" shall be construed as including any police officer and any person exercising a power of entry to any premises under any enactment;
"grave crime” shall be construed as meaning any offence punish- able (on a first conviction) with imprisonment for a term that may extend to five years or with a more severe sentence; "Ministry for Foreign Affairs" shall be construed as meaning the
Foreign and Commonwealth Office;
"national of the receiving State" shall be construed as meaning a citizen of the United Kingdom and Colonies, a person who is a British subject by virtue of section 2. 13 or 16 of the British Nationality Act 1948 or the British Nationality Act 1965, or a British protected person within the meaning of the said Act of 1948.
(3) The reference in paragraph 2 of Article 17 to any pri- vileges 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 Diplomatic Privileges Ordinance.
(4) The references in Article 44 to matters connected with the exercise of the functions of members of a consular post shall be construed as references to matters connected with the exercise of consular functions by consular officers or consular employees. (5) For the purposes of Article 45 and that Article as applied by Article 38 a waiver shall be deemed to have been expressed by a State if it has been expressed by the head, or any person for the time being performing the functions of head, of the super- intending diplomatic mission of that State or of the consular post concerned,
(6) Articles 50, 51, 52, 54, 62 and 67 shall be construed as granting any privilege or immunity which they require to be granted.
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(7) The reference in Article 57 to the privileges and im- munities provided in Chapter II shall be construed as referring to those provided in Section II of that Chapter.
(8) The reference in Article 70 to the rules of international law concerning diplomatic relations shall be construed as a refer- ence to the provisions of the Diplomatic Privileges Act 1964.
(9) 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 Governor by order.
3. If it appears to the Governor that the privileges and im- munities accorded to a consular post of the United Kingdom in a territory of any State, or to persons connected with such a con- sular post, are less than those conferred by this Ordinance on a consular post of that State or on persons connected with such a consular post, the Governor may by order withdraw such of the privileges and immunities so conferred from all or any of the consular posts of that State in Hong Kong or from such persons connected therewith as appears to the Governor to be proper.
4. (1) Where any agreement made, whether before or after the commencement of this Ordinance, between the United Kingdom and any other State provides for according to consular posts and persons connected with them privileges and immunities not accorded to them by the other provisions of this Ordinance. the Governor may by order exercise, with respect to the consular posts of that State in Hong Kong and persons connected with them, the powers specified in the Second Schedule so far as may be necessary to give effect to that agreement.
(2) Where any agreement made, whether before or after the commencement of this Ordinance, between the United Kingdom and any other State provides for according to consular posts and persons connected with them some but not all of the privileges and immunities accorded to them by the other provisions of this Ordinance, the Governor may by order provide for excluding. with respect to consular posts of that State in Hong Kong and persons connected with them, any of those privileges and im munities which are not provided for by the agreement.
(1964 5, #1)
Restriction of
privileges and immunities. 1968 c, lã, « 2
Agreements providing for additional or reduced privileges and İmamalities.
1968 c. 15, 1, 3.
Second Schedule