PRIVILEGES AND IMMUNITIES (JOINT LIAISON GROUP AND LAND COMMISSION) ORDINANCE

PRIVILEGES AND IMMUNITIES (JOINT LIAISON GROUP AND LAND COMMISSION) ORDINANCE

LAWS OF HONG KONG

PRIVILEGES AND IMMUNITIES (JOINT LIAISON

GROUP AND LAND COMMISSION) ORDINANCE

CHAPTER 36





CHAPTER 36

PRIVILEGES AND IMMUNITIES (JOINT LIAISON GROUP
AND LAND COMMISSION)

To grant privileges and immunities in Hong Kong to the Chinese
members of the Joint Liaison Group, to the Chinese members of the
Land Commission, and to certain other persons, and for matters
connected therewith and incidental thereto.

(Amended, 44 of 1985, s. 2)

[21 June 1985.1

1. This Ordinance may be cited as the Privileges and Im

munities (Joint Liaison Group and Land Commission) Ordinance.

(Amended, 44 of 1985, s. 3)

2. In this Ordinance, unless the context otherwise requires

'Chinese members of the Joint Liaison Group' means the persons
designated from time to time by the Government of the People's
Republic of China pursuant to paragraph 7 of Annex II of the Joint
Declaration as its members of the Joint Liaison Group;

'Chinese members of the Land Commission' means the persons
designated from time to time by the Government of the People's
Republic of China pursuant to paragraph 7 of Annex III of the Joint
Declaration as its members of the Land Commission; (Added, 44 of
1985, s. 4)



'experts' means persons so designated by the Government of the
People's Republic of China pursuant to paragraph 12 of Annex II of
the Joint Declaration; (Added, 44 of 1985, s. 4)

'Joint Declaration' means the Joint Declaration of the Government of
the United Kingdom and the Government of the People's Republic
of China on the Question of Hong Kong signed in Beijing on 19
December 1984;

'Joint Liaison Group' means the Joint Liaison Group established
pursuant to Annex 11 of the Joint Declaration;

'Land Commission' means the Land Commission established pursuant
to Annex 111 of the Joint Declaration; (Added, 44 of 1985,s.4)

'supporting staff ' means persons so designated by the Government of
the People's Republic of China pursuant to paragraph 7 of Annex II
of the Joint Declaration or paragraph 7 of Annex III

thereof.(Added, 44 of 1985, s. 4)





3. (1) This Ordinance shall apply to

(a) Chinese members of the Joint Liaison Group;

(b) Chinese members of the Land Commission,
(c) experts; and
(d) supporting staff. (Replaced, 44 of 1985, s. 5)

(2) The privileges and immunities set out in this Ordinance and the
Schedule hereto shall apply to persons to whom this Ordinance applies.

4. Where any question arises whether or not any person is covered
by or entitled to any privilege or immunity under this Ordinance, a
certificate issued by the Chief Secretary stating any fact relating to that
question shall be conclusive evidence of that fact.

SCHEDULE
3.
]

1 . In this Schedule. unless the context otherwise requires

---archives-includes papers, documents, correspondence. books. films. tapes and
register. together with ciphers and codes, the card-indices and any article of
furniture intended for their protection or safe keeping.

premises of the Chinese members--- means the buildings or parts of buildings and
the land ancillary thereto. irrespective of ownership. used for the purposes of
the Chinese members of the Joint Liaison Group or of the Chinese members of
the Land Commission and includes the residence, whether permanent or
temporary. of any person to whom this Ordinance applies.

2. (1) The premises of the Chinese members shall be inviolable.

(2) No agent of the Government may enter any. premises of the Chinese
members without permission of the occupier thereof.

3. (1) The premises of the Chinese members shall be exempt from all rates
and taxes.

(2) This paragraph shall not-

(a) apply to any payments for specific services rendered; or

(h)affect the liability of any person other than a person to whom this
Ordinance applies to pay rates and taxes in relation to any premises.

4. The archives and documents of any person to whom this Ordinance applies
shall be inviolable wherever they may be.

5. (1) The person of a person to whom this Ordinance applies shall be
inviolable.

(2) A person to whom this Ordinance applies shall not be liable to arrest or
detention.

(3) A person to whom this Ordinance applies shall-

(a)be immune from the criminal jurisdiction of Hong Kong and subject to
sub-paragraphs (4) and (4A). from the civil and administrative
jurisdiction thereof. and (Replaced, 44 of 1985, s. 6)

(b) not be obliged to give evidence as a witness.





(4) The immunity from civil and administrative jurisdiction in sub-paragraph
(3)(a) shall not apply to any person in the case of

(a)a real action relating to private immovable property situated in Hong
Kong, unless he holds it on behalf of the People's Republic of China for
the purposes of the Joint Liaison Group or of the Land Commission;

(b)a civil action relating to succession in which he is involved as executor,
administrator, heir or legatee as a private person and not on behalf of the
People's Republic of China;

(c)a civil action relating to any professional or commercial activity
exercised by him in Hong Kong outside his official functions.

(4A) The immunity from civil and administrative jurisdiction in sub-paragraph
(3)(a) of supporting staff who are not designated by the Government of the
People's Republic of China as being of diplomatic rank shall not extend to acts
performed outside the course of their duties. (Added, 44 of 1985, s. 6)

(5) No measure of execution may be taken in respect of a person to whom this
Ordinance applies except in the cases referred to in sub-paragraph (4) and provided
that the measure concerned can be taken without infringing the inviolability of his
person or premises.

6. (1) The immunity from jurisdiction referred to in paragraph 5 of this
Schedule may be waived by the Government of the People's Republic of China.

(2) Subject to sub-paragraph (3) any waiver of immunity shall be express.

(3) The commencement of proceedings by a person to whom this Ordinance
applies shall preclude him from enjoying immunity from jurisdiction in respect of
any counter-claim directly connected with the principal claim.

(4) Any waiver of immunity from jurisdiction in respect of civil or
administrative proceedings shall not be held to imply waiver of immunity in
respect of the execution of the judgment.

7. A person to whom this Ordinance applies shall he exempt from all taxes,
personal or real, except

(a)any indirect taxes of a kind which are normally incorporated in the price
of goods and services;

(b)rates and taxes on private immovable property situated in Hong Kong.
unless he holds it on behalf of the People's Republic of China for the
purposes of the Joint Liaison Group or of the Land Commission;

(c) estate, succession or inheritance duties levied in Hong Kong-

(i) on private movable property not acquired by the deceased person
due solely to his presence in Hong Kong as a person to whom this
Ordinance applies; and

(ii) on private immovable property to which sub-paragraph (b)
applies:

(d)any taxes on private income, including capital gains, having its source in
Hong Kong and any capital taxes on investments made in commercial
undertakings in Hong Kong;

(e) any charges levied for specific services rendered;

(f) subject to paragraph 3 of this Schedule, registration, court or record fees,

mortgage dues and stamp duties.







by - G'
not

, by the

11shall
not
98 ' s. 6

8. Goods imported into, and exported from, Hong Kong by a person to whom
this Ordinance applies for official or private use, shall be exempt from duties and
taxes.

9. (1) The personal baggage of a person to whom this Ordinance applies shall
be exempt from inspection unless there are serious grounds for presuming that it
contains an article the import or export of which is prohibited by the laws of Hong
Kong or controlled by Hong Kong quarantine regulations.





(2) Any inspection under sub-paragraph (1) of the personal baggage of a person
to whom this Ordinance applies shall be carried out in the presence of that person or
his authorized representative.

10. (1) A person to whom this Ordinance applies may employ all appropriate
means of communication, including the use of a diplomatic courier, diplomatic bags
and messages in code or cypher, in maintaining contact with the Government of the
People's Republic of China and any Chinese diplomatic mission or consular post
wherever situated.
(2) Every diplomatic courier shall be provided with a document indicating his
status and the number of packages constituting any diplomatic bag carried by him.
(3) The packages constituting the diplomatic bag shall bear visible external
marks indicating their status and may contain only documents or articles intended for
official use.
(4) No diplomatic bag used by or addressed to a person to whom this
Ordinance applies shall be opened or detained.
(5) The person of a diplomatic courier shall be inviolable and he shall not be
liable to arrest or detention.
(6) The Government of the People's Republic of China or any person to whom
this Ordinance applies may appoint special diplomatic couriers and the provisions of
sub-paragraphs (2), (3), (4) and (5) shall mutatis mutandis apply to such couriers until
any diplomatic bag carried by them has been delivered.
(Added, 44 of 1985, s. 6)
(Schedule amended, 44 of 1985. s. 6)
Originally 18 of 1985. 44 of 1985. L.N. 177/85. Short title. Interpretation. Application. Schedule. Evidence. Interpretation. Inviolability of premises. Exemption from rates and any property tax. Inviolability of archives and documents. Personal inviolability and immunity. Waiver of immunity. Exemption from taxation. Goods exempt from duties and taxes. Personal baggage exempt from search. Freedom of communication.

Originally 18 of 1985. 44 of 1985. L.N. 177/85. Short title. Interpretation. Application. Schedule. Evidence. Interpretation. Inviolability of premises. Exemption from rates and any property tax. Inviolability of archives and documents. Personal inviolability and immunity. Waiver of immunity. Exemption from taxation. Goods exempt from duties and taxes. Personal baggage exempt from search. Freedom of communication.

https://oelawhk.lib.hku.hk/items/show/2280

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