TNAG-1286-FCO40-16372-Constitutional-development-in-Hong-Kong.-Part-2-of-2-1984 — Page 146

A382

(Cap. 109,

sub, leg.)

(Cap. 117.)

Interpretation.

Ord. No. 61/84 CHINESE VISA OFFICE (PRIVILEGES AND IMMUNITIES)

(61 of

>

1984.)

the Chinese Visa Office (Privileges and Immunities) Ordinance 1984".

(3) The Dutiable Commodities Regulations are amended-

(a) in regulation 12(m) by inserting after "Privileges Ordinance" the following- (61 of 1984.) the Chinese Visa Office (Privileges and Immunities) Ordinance

1984";

(b) in regulation 15 by inserting after "Privileges Ordinance" the following-

(61 of 1984.)

CHINESE VISA OFFICE (PRIVILEGES AND IMMUNITIES) Ord. No. 61/84

A383

3.

(1) The Visa Office premises and the residence of the officer in charge of the Exemption from Visa Office shall be exempt from all rates and taxes.

rates and any property tax.

(2) This paragraph shall not-

(a) apply to any payments for specific services rendered; or

(b) affect the liability of any person other than the Visa Office or an officer of the

Visa Office to pay rates or taxes in relation to such premises.

of archives and documents.

4.

the Chinese Visa Office (Privileges and Immunities) Ordinance 1984".

The archives and documents of the Visa Office shall be inviolable wherever Inviolability they may be.

LL

(4) The Stamp Duty Ordinance is amended-

(a) in section 38 by-

(i) deleting the full stop at the end of the definition of "incorporated public officer" and substituting a semicolon;

(ii) inserting at the end the following-

"premises of the Visa Office" means any premises in respect of which the Chief Secretary has issued a certificate under section 43(3)(a).”;

(b) in section 43 by-

(i) inserting after "consular premises" where it occurs in subsections (1) and (2) the following—

"or premises of the Visa Office";

(ii) deleting subsection (3) and substituting the following—

“(3) The Chief Secretary may certify—

(a)

(Cap. 259.)

(61 of 1984.)

(Cap. 259,)

(61 of 1984.)

(b)

(i) in respect of premises which are exempt from taxation under the Consular Relations Ordinance, that such premises are consular premises for the purposes of this Part;

(ii) in respect of premises which are exempt from taxation under the Chinese Visa Office (Privileges and Immunities) Ordinance 1984, that such premises are premises of the Visa Office for the purposes of this Part; and

(i) in respect of any diplomatic agent or consular officer within the meaning of the Consular Relations Ordinance, that such person is an exempted person for the purposes of this Part; and

(ii) in respect of an officer of the Visa Office within the meaning of the Chinese Visa Office (Privileges and Immunit- ies) Ordinance 1984, that such person is an exempted person for the purposes of this Part.".

SCHEDULE

[s. 3.]

1. In this Schedule, unless the context otherwise requires- "archives" includes papers, documents, correspondence, books, films, tapes and registers, together with the ciphers and codes, the card-indices and any article of furniture intended for their protection or safe-keeping;

"Visa Office premises" means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used exclusively for the purposes of the Visa Office.

Inviolability

2.

of Visa Office

premises.

The Visa Office premises shall be inviolable.

5. (1) The Visa Office may employ all appropriate means of communication, Freedom of including the use of a diplomatic courier, diplomatic bags and messages in code and communication. cypher, in maintaining contact with the Government of the People's Republic of China and any Chinese diplomatic mission and consular post wherever situated.

(2) Every diplomatic courier shall be provided with a document indicating his status and the number of packages constituting any diplomatic bag carried by him.

(3) The packages constituting the diplomatic bag shall bear visible external marks indicating their status.

(4) No diplomatic bag used by or addressed to the Visa Office shall be opened or detained.

(5) A diplomatic courier shall be entitled to those privileges and immunities set out in paragraph 7.

(6) The Visa Office may appoint special diplomatic couriers and the provisions of sub-paragraphs (2), (3), (4) and (5) shall mutatis mutandis apply to such couriers

until any diplomatic bag carried by them has been delivered.

6. (1) The Visa Office may levy in Hong Kong any fees and charges relating to Fees and charges. the performance of its functions that it is authorized to levy by the Ministry of Foreign Affairs of the People's Republic of China.

(2) Any money collected in exercise of the powers under sub-paragraph (1) and any receipt for such money shall be exempt from any form of tax.

7. An officer of the Visa Office and his dependants shall not be liable to arrest

or detention pending trial.

Personal

inviolability of officers of the Visa Office and their dependants.

Immunity from

8. (1) An officer of the Visa Office holding a diplomatic passport shall be immune from the jurisdiction of the judicial and administrative authorities of Hong jurisdiction. Kong.

(2) An officer of the Visa Office holding a service passport shall be immune from the jurisdiction of the judicial and administrative authorities of Hong Kong in respect of acts performed in the exercise of his official functions.

(3) Sub-paragraphs (1) and (2) shall not apply in the case of a civil action--- (a) arising out of a contract concluded by an officer of the Visa Office in which he does not contract expressly or impliedly on behalf of the Ministry of Foreign Affairs of the People's Republic of China;

(b) by a third party for damage arising from an accident in Hong Kong caused

by a vehicle, vessel or aircraft;

(c) relating to private immovable property situated in Hong Kong unless the officer of the Visa Office holds it on behalf of the Ministry of Foreign Affairs of the People's Republic of China for the purposes of the Visa Office;

(d) relating to succession in which the officer of the Visa Office is involved as executor, administrator, heir or legatee as a private person and not on behalf of the Ministry of Foreign Affairs of the People's Republic of China;

or