TNAG-2965-FCO40-4244-Future-of-Hong-Kong-Consular-representation-of-European-Coun-1993 — Page 95

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

19-MAR-1993 11:37

PROTOCOL DIVISION

+ 852 521 7621

P.01

香港布政司署

禮賓處

Our ref : PROT 4/1126/91

Deborah Barnes Jones

Hong Kong Department

Foreign and Commonwealth Office

Fax No: 002 44 71 270 3387

PROTOCOL DIVISION

39

GOVERNMENT SECRETARIAT

HONG KONG 19 March 1993

Dear Ms Barnes Jones,

1993.

EC Office in Hong Kong

dine

OC

Ms Conrey

ECD (E)

19/3

Ma Bemus Jones

34

Thank you for your fax letter dated 16 March

As requested, I am enclosing a shorthand list of the privileges and immunities afforded to the Commonwealth Commissions and the consulates general in Hong Kong. These are based on the Vienna Convention on Consular Relations (VCCR).

As you

know,

the EC has bid for P and I at the diplomatic/embassy level. (Whether this is because of a misunderstanding Or because the EC is trying to get the best possible deal I do not know.) Consular immunity is pitched at a lower level and the main limitations can be summarised as follows :

(a)

(b)

(c)

Inviolability of Premises.

Only the consular

premises are inviolable, not the residences of consular staff.

Inviolability of Persons.

Consular officers may be arrested in the case of a grave crime and pursuant to a decision by the competent judicial authority. / (They may only be imprisoned or have other forms of restriction placed on their personal freedom following execution of a judicial decision of final effect.)

Immunity from

and employees

Jurisdiction. Consular officers are immune from the jurisdiction of the receiving State only in respect of acts performed

the exercise of consular functions. Family members have no immunity from

HCD40/Jurisdiction.

0 5 APK 1993

in

(our)

2273

INL

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