Hong Kong Economic
and Trade Office (Privileges and Immunities) (Jersey) Law 1998[1]
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 Jersey by the government of the Hong
Kong Special Administrative Region
Commencement
[see endnotes]
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);
“Convention”
means the Articles of the Vienna Convention on Consular Relations signed
in 1968 set out in Schedule 1 to the Privileges and Immunities
(Diplomatic, Consular, etc.) (Jersey) Law 1998;
“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;
“Office” has
the meaning given to it by the Schedule;
“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.
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;
(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 Jersey to which the Lieutenant-Governor
has determined this Law shall apply.
(2) The
Schedule shall have effect to make provision about privileges and immunities.
3 Evidence[2]
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 His 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.
4 Citation
This Law may be cited as the Hong Kong Economic and Trade Office
(Privileges and Immunities) (Jersey) Law 1998.
Schedule[3]
(Article 2(2))
Interpretation
1 In
this Schedule –
in paragraphs 2, 3, 5, 6
and 7(3) the “Office” means any office to which this Law applies by
virtue of Article 2(1)(c), and in paragraphs 4 and 8 it means any office
to which this Law applies by virtue of Article 2(1)(a) to (c);
“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 the person 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
Minister for External Relations 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 Schedule 3 to the Privileges and Immunities (Diplomatic, Consular etc.)
(Jersey) Law 1998.
6 The
Minister for External Relations 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, construed in accordance with Article 7(2)(k) of the Privileges and Immunities
(Diplomatic, Consular, etc.) (Jersey) Law 1998;
(c) the exemption and privilege set out in paragraph 18
of Schedule 3 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)
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.