CHINESE VISA OFFICE (PRIVILEGES AND IMMUNITIES) ORDINANCE

CHINESE VISA OFFICE (PRIVILEGES AND IMMUNITIES) ORDINANCE

LAWS OF HONG KONG

CHINESE VISA OFFICE (PRIVILEGES
AND IMMUNITIES) ORDINANCE

CHAPTER 224

OF

REVISED EDITION 1984

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 224

CHINESE VISA OFFICE (PRIVILEGES AND IMMUNITIES)

To grant privileges and immunities to the Visa Office in Hong Kong qf
the Ministry of Foreign Affairs of the People's Republic of China
its officers and their dependants and diplomatic couriers, and for
matters connected therewith and incidental thereto.

[24 December 1984.]

1. This Ordinance may be cited as the Chinese Visa Office
(Privileges and Immunities) Ordinance.

2. In this Ordinance, unless the context otherwise requires--

'dependant' means a member of the family of an officer of the Visa
Office forming part of his household in Hong, Kong:

diplomatic courier- means a diplomatic courier of the People's Republic
of China;

'officer of the Visa Office' means a person who is the holder of a
diplomatic or service passport issued by the People's Republic of
China employed in the Visa Office;

'Visa Office' means the Visa Office in Hong Kong of the Ministry of
Foreign Affairs of the People's Republic of China,

3. The privileges and immunities set out in this Ordinance and the
Schedule hereto, and only those privileges and immunities, shall apply
to the Visa Office, an officer of the Visa Office and his dependants and a
diplomatic courier.

4. Where any question arises whether or not any premises or 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.

5. [Amendments incorporated]

SCHEDULE

1. In this Schedule, unless the context otherwise requires

,'archives' includes papers, documents, correspondence, books. films. tapes and

registers. together with the ciphers and codes, the card-indices and any article
of furniture intended for their protection or safe-keeping:

'VisaOffice premises' means the buildings or parts of buildings and the land
ancillary thereto. irrespective of ownership, used exclusively for the purposes
of the Visa Office.

2. The Visa Office premises shall be inviolable.





3. (1) The Visa Office premises and the residence of the officer in charge of
the Visa Office 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 the Visa Office or an officer
of the Visa Office to pay rates or taxes in relation to such premises.

4. The archives and documents of the Visa Office shall be inviolable m
wherever er they may be.

5. (1) The Visa Office may employ all appropriate means of communication,
including the use of a diplomatic courier. diplomatic bags and messages in code and
cypher, in maintaining contact with the Government of the People's Republic of
China and any Chinese diplomatic mission and consular post wherever er 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.

(4) No diplomatic bag used by or addressed to the Visa Office shall be. opened
or detained.

(5) A diplomatic courier shall be entitled to those privileges and immunities
set out in paragraph 7.

(6) The Visa Office may appoint special diplomatic couriers and the
provisions
ot' sub-paragaphs (2), (3), (4) and (5) shall mutatis apply to such couriers
until any diplomatic bag carried by them has been delivered.

6. ( 1 ) The Visa Office may levy in Hong Kong any fees and charges
relating to the performance of its functions that it is authorized to levy by the
Ministry of Foreign Affairs of the People's Republic of China.

(2) Any money collected in exercise of the powers under sub-paragraph (1)
and any receipt for such money shall be exempt from any form of tax.

7. An officer of the Visa Office and his dependants shall not be liable to arrest
or detention pending trial.

8. (1) An officer of the Visa Office holding a diplomatic passport shall be
immune from the jurisdiction of the judicial and administrative authorities of Hong
Kong.

(2) An officer of the Visa Office holding a service ice passport shall be
immune from the jurisdiction of the judicial and administrative authorities of Hong
Kong in respect of acts performed in the exercise of his official functions.

(3) Sub-paragraphs ( 1) and (2) shall not apply in the case of a civil action-

(a)arising out of a contract concluded by an officer of the Visa Office in
which he does not contract expressly or impliedly on behalf of the
Ministry of Foreign Affairs of the People's Republic of China:

(b)by a third party for damage arising from an accident in Hong Kong caused
by a vehicle, vessel or aircraft.

(c)relating to private immovable properly situated in Hong Kong unless the
officer of the Visa Office holds it on behalf of the Ministry of Foreign
Affairs of the People's Republic of China for the purposes of the Visa






Office;

(d)relating to succession in which the officer of the Visa Office is involved
as executor, administrator. heir or legatee as a private person and not on
behalf of the Ministry of Foreign Affairs of the People's Republic of
China; or

(e) relating to any professional or commercial activity exercised by the
officer of

the Visa Office in Hong Kong outside his official
functions.





1984 Ed.]Chinese Visa Office ( Privileges and [CAP. 224]
Immunities)

9.An officer of the Visa Office shall he exempt from all taxes personal or real.
except-
(a) subject to paragraph 10 of this Schedule, any indirect taxes of a kind which
are normally incorporated in the price of goods or services ices:
(b) subject to paragraph 3 of this Schedule. any rates or taxes on private
immovable property situated in Hong Kong:
(c) any estate succession or inheritance duties and duties on transfers levied
by Hong Kong
(d) any taxes on private income. including capital gains having its source in
Hong Kong and any capital taxes relating to investments investments made ill
commercial or financial undertakings in Hong Keng:
(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.
10. Goods imported into. exported from and purchased in Hong Kong either
by the Visa Office use or by an officer of the Visa Office for his private use,
shall be exempt from duties and taxes.
11. Luggage of an officer of the Visa Office shall he exempt from inspection.
except where there are serious grounds for believing that it contain an article the
import or export of which is prohibited by the law of Hong Kong or controlled by the
Hong kong quarantine regulations. in which event any inspection shall be carried out
only in the presence of that officer or a representative appointed by him

Originally 61 of 1984. L.N. 425/84. Short title. Interpretation. Privileges and immunities of the Visa Office etc. Schedule. Evidence. Interpretation. Inviolability of Visa Office premises. Exemption form rates and any property tax. Inviolability of archives and documents. Freedom of communication. Fees and charges. Personal inviolability of officers of the Visa Office and their dependants. Immunity from jurisdiction. Exemption from taxation. Goods exempt from duties and taxes. Luggage exempt from search.

Originally 61 of 1984. L.N. 425/84. Short title. Interpretation. Privileges and immunities of the Visa Office etc. Schedule. Evidence. Interpretation. Inviolability of Visa Office premises. Exemption form rates and any property tax. Inviolability of archives and documents. Freedom of communication. Fees and charges. Personal inviolability of officers of the Visa Office and their dependants. Immunity from jurisdiction. Exemption from taxation. Goods exempt from duties and taxes. Luggage exempt from search.

https://oelawhk.lib.hku.hk/items/show/2905

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