CONSULAR CONVENTIONS ORDINANCE

CONSULAR CONVENTIONS ORDINANCE

LAWS OF HONG KONG

CONSULAR CONVENTIONS ORDINANCE

CHAPTER 267





CHAPTER 267

CONSULAR CONVENTIONS

Toconfer upon the consular officers of foreign States with which
consular conventions are concluded by Her Majesty certain
powers relating to the administration of the estates and prop-
erty of deceased persons.

[20th April, 1951.]

1. This Ordinance may be cited as the Consular Conven-
tions Ordinance.

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

-consular office' means any building or part of a building which
is exclusively occupied for the purposes of the official business
of a consular officer.

3. (1) Where any person who is a national of a State to
which this section applies is named as executor in the will of a
deceased person disposing of property in Hong Kong, or is other-
wise a person to whom a grant of representation to the estate in
Hong Kong of a deceased person may be made, then if the court
is satisfied, on the application of a consular officer of the said
State, that the said national is not resident in Hong Kong, and if
no application for a grant of such representation is made by a
person duly authorized by power of attorney to act for him in
that behalf, the court shall make to that officer any such grant of
representation to the estate of the deceased as would be made to
him if he were so authorized as aforesaid.

(2) Where any person who is a national of a State to which
this section applies-

(a)is entitled to any money or other property in Hong Kong
forming part of the estate of a deceased person, or to
receive payment in Hong Kong of any money becoming
due on the death of a deceased person; or

(b)is among the persons to whom any money or other property
of a deceased person may under any Ordinance, whether
passed before or after the commencement of this Ordinance,
be paid or delivered without grant of probate or other proof
of title,

then if the said national is not resident in Hong Kong a consular
officer of that State shall have the like right and power to receive
and give a valid discharge for any such money or property as if
he were duly authorized by power of attorney to act for him in
that behalf:





Provided that no person shall be authorized or required by this
subsection to pay or deliver any money or property to a consular officer
if it is within his knowledge that any other person in Hong Kong has
been expressly authorized to receive that money or property on behalf
of the said national.

(Amended, 26 of 1971, s. 76)

4. Notwithstanding any rule of law conferring immunity or privilege
in respect of the official acts and documents of consular officers, a
consular officer shall not be entitled to any immunity or privilege in
respect of any act done by virtue of powers conferred on him by or
under section 3 or in respect of any document for the time being in his
possession relating thereto.

5. The Governor may by order signified in the Gazette direct that
section 3 shall apply to any foreign State specified in the Order, being a
State with which a consular convention providing for matters for which
provision is made by that section has been concluded by Her Majesty.

(Amended, 17 of 1970, s. 14)
Originally 12 of 1951. 17 of 1970. 26 of 1971. Short title. Interpretation. 1949 c. 29, s. 4(3). Powers of consular officers in relation to property in Hong Kong of deceased persons. 1949 c. 29, s. 1. Supplementary provisions as to section 3. 1949 c. 29, s. 3. Section 3 to apply to any foreign State by order of the Governor. 1949 c. 29, s. 6.

Originally 12 of 1951. 17 of 1970. 26 of 1971. Short title. Interpretation. 1949 c. 29, s. 4(3). Powers of consular officers in relation to property in Hong Kong of deceased persons. 1949 c. 29, s. 1. Supplementary provisions as to section 3. 1949 c. 29, s. 3. Section 3 to apply to any foreign State by order of the Governor. 1949 c. 29, s. 6.

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