Jersey Law 4/1998
HONG KONG
ECONOMIC AND TRADE OFFICE (PRIVILEGES AND IMMUNITIES) (JERSEY) LAW 1998
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A LAW to provide for the conferring of
privileges and immunities in relation to an economic and trade office
established in the United Kingdom or in the Island by the government of the
Hong Kong Special Administrative Region; sanctioned by Order of Her Majesty in
Council of the
17th day of DECEMBER
1997
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(Registered on the
16th day of January 1998)
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STATES OF JERSEY
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The 21st day of October 1997
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THE
STATES, subject to
the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law –
ARTICLE 1
Interpretation
(1) In
this Law, unless the context otherwise requires –
“archives
of the Office” includes all the papers, documents, correspondence, books,
films, tapes, discs and registers of the Office (wherever found);
“the
Convention” means the Articles of the Vienna Convention on Consular
Relations signed in 1968 set out in the First Schedule to the Privileges and
Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998;
“the head
of the Office” means the person charged by the government of the Hong
Kong Special Administrative Region with the duty of acting in that capacity;
“member of
the Office” means, subject to paragraph (3), a person employed by the
government of the Hong Kong Special Administrative Region to carry on the
business of the Office;
“the
Office” has the meaning given to it by the Schedule;
“the
premises of the Office” means the buildings or parts of buildings,
together with any ancillary land, used exclusively for the official use of the
Office.
(2) Where
this Law refers to an Article of the Convention, the Article shall be construed
for the purposes of the reference as if –
(a) references to the
sending State were references to the Hong Kong Special Administrative Region;
and
(b) references to the head
of a consular post or diplomatic mission were references to the head of the
Office.
(3) If
the Foreign and Commonwealth Office of the United Kingdom notifies the
government of the Hong Kong Special Administrative Region that a person –
(a) is not acceptable as a
member of the Office; or
(b) is no longer considered
to be a member of the Office,
that person shall
not, while the notification is in force, be regarded as a member of the Office
for the purposes of this Law.
(4) A
reference in this Law to an Article by number only, and without further
identification, is a reference to the Article of that number in this Law.
(5) A
reference in an Article or other division of this Law to a paragraph,
sub-paragraph or clause by number or letter only, and without further
identification, is a reference to the paragraph, sub-paragraph or clause of
that number or letter contained in the Article or other division of this Law in
which that reference occurs.
(6) Unless
the context otherwise requires, where this Law refers to an enactment, the
reference is to that enactment as amended from time to time, and includes a
reference to that enactment as extended or applied by or under another
enactment, including any other provision of that enactment.
ARTICLE 2
Application
(1) This
Law applies in relation to any office established –
(a) In London in the United
Kingdom by the government of the Hong Kong Special Administrative Region for
the purposes of furthering the economic and trade interests of the Region; and
(b) in the United Kingdom
outside London to which the Foreign and Commonwealth Office of the United
Kingdom has determined the Hong Kong Economic and Trade Office Act 1996 of the
United Kingdom shall apply; and
(c) in the Island to which
the Lieutenant Governor has determined this Law shall apply.
(2) The
Schedule shall have effect to make provision about privileges and immunities.
ARTICLE 3
Evidence
If in any
proceedings any question arises whether or not any person is entitled to any
privilege or immunity under this Law, a certificate issued by or under the
authority of one of Her Majesty’s principal Secretaries of State or the Lieutenant
Governor, as the case may be, stating any fact relating to that question shall
be conclusive evidence of that fact.
ARTICLE 4
Short title
This Law may be
cited as the Hong Kong Economic and Trade Office (Privileges and Immunities)
(Jersey) Law 1998.
G.H.C. COPPOCK
Greffier of the States
SCHEDULE
(Article 2(2))
Interpretation
1. In
this Schedule –
“the
Committee” means the Finance and Economics Committee;
in paragraphs 2,
3, 5, 6 and 7(3) “the Office” means any office to which this Law
applies by virtue of sub-paragraph (c) of paragraph (1) of Article 2, and in
paragraphs 4 and 8 it means any office to which this Law applies by virtue of
sub-paragraphs (a) to (c) of paragraph (1) of Article 2;
“prescribed”
means prescribed by Order.
Premises and
archives
2. The
premises and archives of the Office shall have the same inviolability as is
accorded to consular premises and archives in accordance with Articles 31(1) to
(4) and 33 of the Convention.
3. The
premises of the Office and the residence of the head of the Office shall have
the same exemptions as are accorded to consular premises and the residence of
the career head of a consular post by virtue of Article 32 of the Convention.
Legal
proceedings
4.-(1) A person shall have immunity from suit
and legal process in respect of things done or omitted to be done by him in the
course of the performance of official duties as a member of the Office.
(2) Sub-paragraph (1) shall
not apply in respect of civil proceedings relating to damage alleged to have been
caused by a motor vehicle belonging to, or operated by or on behalf of, a
member of the Office.
Exemptions and reliefs
5. The
Committee may by Order confer in relation to the Office, to such extent as may
be prescribed –
(a) exemption or relief (by
way of refund or otherwise) from prohibitions, restrictions, duties and taxes
on the importation of goods;
(b) relief of the kinds set
out in paragraph 7 of the Third Schedule (“huiles
et essences”) to the Privileges and Immunities (Diplomatic, Consular
etc.) (Jersey) Law 1998.
6. The
Committee may by Order confer in relation to members of the Office and members
of their families who form part of their households, to such extent as may be
prescribed –
(a) exemption from income
tax in respect of emoluments;
(b) the exemption set out
in Article 48 of the Convention (social security), construed in accordance with
sub-paragraph (k) of paragraph (2) of Article 7 of the Privileges and
Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998;
(c) the exemption and privilege
set out in paragraph 18 of the Third Schedule of that Law in relation to
imports.
7.-(1) An Order under paragraph 5 or 6 may
provide for any exemption, relief or privilege to be subject to arrangements or
conditions –
(a) specified in the Order;
or
(b) to be made or imposed
by the Agent of the Impôts.
(2) An Order under
paragraph 5 or 6 may make different provision for different cases (including
different provision for different persons).
(3) An Order under
paragraph 5 or 6 shall be so framed that privileges and immunities conferred by
them in relation to the Office or members of the Office and members of their
families who form part of their households are no greater nor less in extent
than those which, at the time the Orders take effect are conferred on the
Office or members by or under the Hong Kong Economic and Trade Office Act 1996
of the United Kingdom.
(4) The Subordinate
Legislation (Jersey) Law 1960 shall apply to an Order made under
paragraph 5 or 6.
Waiver
8. A
privilege or immunity which would apply by virtue of this Law shall not apply
in any case in respect of which it is waived by the head of the Office.