Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Vienna convention on consular relations

Legal area

Court

29 Sept 2020

DR. LEUNG KAM CHUNG KENNETH v. THE AUSTRALIAN CONSULATE GENERAL, HONG KONG

Citation

[2020] HKCFI 2533
Court

Court of First Instance
Case number

HCSA19/2020

The Court held the activities complained of were acts performed in the exercise of consular functions and therefore immune from jurisdiction under the Consular Relations Ordinance and the Vienna Convention; accepting payment for visa application processes did not amount to criminal theft and the claim had no realistic prospect of success and was properly dismissed as frivolous or vexatious under s25 of the Small Claims Tribunal Ordinance, so leave to appeal was refused.
8 Feb 2006

MR. ILAN, ROLAND R. t/a MAKRO DESIGNS HK v. MRS. CORAZON BELMONTE-JOVER AND OTHERS

Citation

MR. ILAN, ROLAND R. t/a MAKRO DESIGNS HK v. MRS. CORAZON BELMONTE-JOVER AND OTHERS
Court

District Court
Case number

DCCJ1866/2005

The Chief Secretary's certificates under section 7 of the CRO conclusively established that the defendants were consular officers/employees; the contracts and compromise agreement were signed in official capacity for the Republic of the Philippines and related to maintaining the official residence, a consular function under Article 5(m); therefore Article 43(1) immunity applies and the Hong Kong court lacks jurisdiction, so the writ and its service were set aside; no costs were ordered to avoid any argument of waiver.