TNAG-2966-FCO40-4245-Future-of-Hong-Kong-Consular-representation-of-European-Coun-1993 — Page 8

B1804

L.N. 470 of 1993

L. S. NO. 2 TO GAZETTE NO. 49/1993

same extent as the spouse and children of an envoy of a foreign sovereign power accredited to Her Majesty are entitled in England to such immunities and privileges accorded to the envoy.

(2) The spouse and children under the age of 18 years of the Head of the Office of the Commission of the European Communities forming part of that officer's household shall be entitled to the immunities and privileges conferred on that officer under section 4(2)(c)(iii) to the same extent as the spouse and children of an envoy of a foreign sovereign power accredited to Her Majesty are entitled in England to such immunities and privileges accorded to the envoy.

(3) Part IV of the First Schedule to the Ordinance shall have effect to the extent provided in subsections (1) and (2) and not otherwise.

7.

Application of provisions of this Notification

(1) Any immunity or privilege conferred on any person under this

Notification shall have effect as from the time the person enters Hong Kong to take up his post or, if he is already in Hong Kong, as from--

(a) the time of the notification of his appointment to the appropriate

authorities in Hong Kong; or

(b) such later time as may be specified in such notification as the time

from which his appointment is to take effect.

(2) Subject to subsection (3), if the function of any person who enjoys any immunity or privilege conferred under or by virtue of this Notification comes to an end, the immunity or privilege shall cease to have effect as from the moment the person leaves Hong Kong or on the expiry of a reasonable period in which to do so.

(3) Notwithstanding subsection (2), any immunity in effect in respect of any officer or servant of any of the European Communities shall, in respect of any act performed by such person in the exercise of his function as such officer or servant, continue to subsist.

(4) An immunity from suit or legal process conferred on any organization or person under or by virtue of this Notification shall be enjoyed except in so far as in any particular case the organization or person has expressly waived such immunity.

L. S. NO. 2 TO GAZETTE NO. 49/1993

Explanatory Note

L.N, 470 of 1993

B1805

This Notification gives effect to an agreement between the Government of

Hong Kong and the Commission of the European Communities concerning the

conferring of privileges and immunities in connection with the establishment of an Office of the Commission of the European Communities in Hong Kong.

歐洲共同體公告

# ##

就歐洲共同體委員會香港辦事處的成立,香港政府與歐洲共同體委員會達成一項有關賦予特 權及豁免權的協議,本公告令該項協議生效。

:

9 December 1993.

By Command,

T. H. CHAU, Secretary for Trade and Industry.

The Rt Hon Christopher Patten

香港總督府

GOVERNMENT HOUSE

HONG KONG

9 October 1993

Jn Mr. Jaber.

давл

I have the honour to refer to the recent discussions between the Government of Hong Kong and the Commission of the European Communities concerning the establishment of an Office of the Commission of the European Communities in Hong Kong. As a result of these discussions, I have the honour to propose that the status, privileges and immunities of the Office and its staff for the period up to and including 30 June 1997 shall be as set out in the Annex to this Letter, on the understanding that it does not constitute а precedent for any subsequent arrangements relating to the privileges and immunities for the office of the Commission of the European Communities in Hong Kong.

If this proposal is acceptable to the Commission of the European Communities, I suggest that this Letter together with its Annex and your reply to that effect shall constitute an Agreement between the Government of Hong Kong and the Commission which shall enter into force on the date on which the Government of Hong Kong notifies the Commission that the necessary procedures to give effect to the Agreement in Hong Kong have been completed.

I avail myself of this opportunity to renew

to you, sir, the assurance of my highest

consideration.

But wither

र्यु

Governor

M. Jacques Delors

President of the Commission

of the European Communities

Commission of the European Communities

Rue de la Loi 200

B-1049 Brussels

Belgium

ANNEX

PRIVILEGES AND IMMUNITIES

FOR THE

OFFICE OF THE COMMISSION OF THE

EUROPEAN COMMUNITIES IN

HONG KONG

1.

2.

3.

and Steel

The European Communities-the European Coal Community,

the the European Economic Community and European Atomic Energy Community-shall each have legal personality in Hong Kong.

The European Communities shall have the

the capacity to conclude contracts, to acquire and dispose of immovable and movable property necessary for the effective fulfilment of their duties and to institute legal proceedings, and shall be represented for that purpose by the Commission of the European Communities (hereinafter referred to as the Commission.)

The premises of the office of the Commission in Hong Kong (hereinafter referred to

referred to as the Office) shall be

inviolable.

the Office, their The premises of furnishings and other property thereon shall be immune from search, requisition, attachment or execution. The bank accounts of the Office shall not be subjected to any search, requisition, attachment or execution, except in accordance with Hong Kong laws uniformly applied to similar institutions. Subject to the laws of Hong Kong, the means of transport of the Office shall not be subjected to any search, requisition, attachment or execution. The archives and documents of the office shall be inviolable at any time and wherever they may be. The private residence of the Head of the office shall enjoy the same inviolability as the premises of the office.