TNAG-2966-FCO40-4245-Future-of-Hong-Kong-Consular-representation-of-European-Coun-1993 — Page 82

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

09-SEP-1993 10:05

OKREP EL BRUSSELƏ

5

Protection and personal inviolability

15.

was

Mrs Ip explained that it would not be possible to provide to any personal inviolability, which

a diplomatic privilege, officer of the EC Office. However, it would be possible to provide administrative arrangements and an assurance by the Government that EC officials would be treated with due respect and appropriate steps

would be

on taken to prevent any attack on their person, freedom or

dignity.

16.

Mr

out

that

this

would

only be an Kuijper pointed administrative arrangement for protection but not inviolability as such. The officers would not receive the same level of protection

and 41 of Cap 259

there would be no provided under Article

He said it was important safeguards against arrest and detention.

the be respected by

to be discussed later.

as

have

to

some legal guarantees which would Court. This question would therefore need

Mr Edwards commented

commented that even consular staff did not enjoy full immunity under Cap 259 in the case of grave crime.

Immunity of jurisdiction

17.

Mrs Ip said that under existing legislation, the EC Office could be granted immunity from suit and legal process and members of the EC Office other than the head of office could be granted the same immunity in respect of things done or omitted to be done in the course of performing official duties. As regards the head of the office, provided the holder of the post was designated as a "high officer" under Section 2 (1) (b) (ii) of Cap 190, it might be possible to apply Part II and IV of First Schedule to that Ordinance and grant immunity from suit and legal process to the person and his spouse and children under the age of 21.

Exemption from registration of aliens, residence and work permits

18.

Mrs Ip said there was no requirement in Hong Kong for the registration of aliens Or residence. However, under existing legislation, there was a requirement for every person, including

/consular

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