Right of diplomatic agents and
consular officers to administer oaths and do notarial acts lo certain cases. 1968 2. 18, L. 10.
(1964 c. 31.)
Evidence.
1969 c. 18, & IL
Privileges and immunities of official repre sentatives of Commonwealth countries, etc.
6
10. (1) A diplomatic agent or consular officer of any State may, if authorized to do so under the laws of that State, administer oaths, take affidavits and do notarial acts—
(a) required by a person for use in that State or under the
laws thereof; or
(b) otherwise required by a national of that State but not for use in Hong Kong except under the laws of some other country.
(2) The Governor may by order exclude or restrict the pro- visions of subsection (1) in relation to the diplomatic agents or consular officers of any State in Hong Kong if it appears to him that in any territory of that State diplomatic agents or consular officers of the United Kingdom are not permitted to perform func- tions corresponding in nature and extent to those authorized by that subsection.
(3) In this section "diplomatic agent" has the same meaning as in the Diplomatic Privileges Act 1964.
11. Where any question arises whether or not any person is entitled to any immunity or privilege under this Ordinance, a certificate issued by the Colonial Secretary stating any fact relating to that question shall be conclusive evidence of that fact.
12. (1) The Governor may by order direct that any person in the service of a Commonwealth country or of the Republic of Ireland or in the service of a State or Province of any such country holding such office or class of office as are or may be specified in the order, being such an office or class of office as appears to the Governor to involve the performance of duties substantially cor- responding to those which, in the case of a sovereign foreign Power, would be performed in Hong Kong by a consular officer within the meaning of this Ordinance shall have all such immunities and privileges as are or may be conferred upon a consular officer under the provisions of this Ordinance.
(2) Where the Governor has made an order under subsection (1) in respect of any person-
(a) the members of the staff of such person shall have such immunities and privileges as are conferred upon the staff of a consular officer under the provisions of this Ordin- ance; and
(6) the provisions of Articles 31 to 39 and 51 in the First Schedule to this Ordinance shall apply mutatis mutandis in relation to the premises, official archives, communica- tions, documents and personal property of any such person.
(3) Any order made by the Governor under subsection (1) may exclude from any immunity or privilege conferred under it any person who is permanently resident in Hong Kong or who is a person within the definition of "national of the receiving State” in subsection (2) of section 2.
(4) Any order made by the Governor under subsection (1) may apply to the persons specified in the order and to the prem- ises, residences and communications of such persons the provisions of the Second Schedule.
13. For the purposes of paragraphs 4, 5 and 6 of the Second Schedule, paragraphs 1, 2, 3, 4 and 5 of the Third Schedule (being Articles 29. 31, 22. paragraph 1 of Article 30 and Article 27. respectively, of the Vienna Convention on Diplomatic Relations signed in 1961) shall have the force of law in Hong Kong.
14. (1) The Consular Conventions Ordinance is amended- (a) by repealing section 5; and
(b) by deleting "or 5" from section 6.
(2) The following Ordinances are repealed-
(a) Consular Privileges Ordinance;
(b) Trade Commissioners Privileges Ordinance; and
(c) Commonwealth Countries and Republic of Ireland
(Immunities and Privileges) Ordinance.
1.
FIRST SCHEDULE.
(ss. 2 & 12(2).]
PROVISIONS Of Vienna ConVENTION HAVÍNO THE PORCE OF LAW IN HONG KONG.
ARTICLE 1.
Definitions.
For the purposes of the present Convention, the following expreß- sions shall have the meanings hereunder assigned to them;
(a) "consular post” means any consulate-generat, consulate, vice-
consulate or consular agency:
(b) "consular district" means the area assigned to a consular post
for the exercise of consular functions;
First Schedule.
Second Schedule.
Application of specified Articles in the Vienna Convention on Diplomatic Relations 1961. Second Schedule. Third Schedule.
Consequential amendment and repeal of Ordinances. (Cap. 267.)
(Cap. 189.)
(Cap. 192)
(C 296.)