Cap. 36

To grant privileges and immunities in Hong Kong to the British members of the Joint Liaison Group, and to certain other persons, and for matters connected therewith and incidental thereto. (Amended 44 of 1985 s. 2; 81 of 1999 s. 3) [21 June 1985]L.N. 177 of 1985(Format changes—E.R. 1 of 2019) 1. Short title This Ordinance may be cited as the Privileges and Immunities (Joint Liaison Group) Ordinance.(Amended 44 of 1985 s. 3; 81 of 1999 s. 3) 2. Interpretation In this Ordinance, unless the context otherwise requires—British members of the Joint Liaison Group (聯合聯絡小組英方成員) means the persons designated from time to time by the Government of the United Kingdom pursuant to paragraph 7 of Annex II of the Joint Declaration as its members of the Joint Liaison Group; (Replaced 81 of 1999 s. 3)dependants (家屬) when used in relation to British members of the Joint Liaison Group, experts or supporting staff, means members of their families forming part of their households; (Added 20 of 1990 s. 2. Amended 81 of 1999 s. 3)experts (專家) means persons so designated by the Government of the United Kingdom pursuant to paragraph 12 of Annex II of the Joint Declaration; (Added 44 of 1985 s. 4. Amended 81 of 1999 s. 3)Joint Declaration (聯合聲明) 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 (聯合聯絡小組) means the Joint Liaison Group established pursuant to Annex II of the Joint Declaration;supporting staff (工作人員) means persons so designated by the Government of the United Kingdom pursuant to paragraph 7 of Annex II of the Joint Declaration or paragraph 7 of Annex III thereof. (Added 44 of 1985 s. 4. Amended 81 of 1999 s. 3)(Amended 81 of 1999 s. 3) 3. Application (1) This Ordinance shall apply to—(a) British members of the Joint Liaison Group;(b) experts;(c) supporting staff; and(d) dependants of the persons mentioned in paragraph (a), (b) or (c). (Replaced 81 of 1999 s. 3)(2) The privileges and immunities set out in this Ordinance and the Schedule hereto shall apply to persons to whom this Ordinance applies. 4. Evidence 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 for Administration stating any fact relating to that question shall be conclusive evidence of that fact.(Amended L.N. 362 of 1997) Schedule [s. 3] 1. Interpretation In this Schedule, unless the context otherwise requires—archives (檔案) 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 British members (英方成員的處所) means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used for the purposes of the British members of the Joint Liaison Group and includes the residence, whether permanent or temporary, of any person to whom this Ordinance applies. (Replaced 81 of 1999 s. 3) 2. Inviolability of premises (1) The premises of the British members shall be inviolable.(2) No agent of the Government may enter any premises of the British members without permission of the occupier thereof.(Amended 81 of 1999 s. 3) 3. Exemption from rates and any property tax (1) The premises of the British members shall be exempt from all rates and taxes. (Amended 81 of 1999 s. 3)(2) This paragraph shall not—(a) apply to any payments for specific services rendered; or(b) 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. Inviolability of archives and documents The archives and documents of any person to whom this Ordinance applies shall be inviolable wherever they may be. 5. Personal inviolability and immunity (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 subparagraphs (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 subparagraph (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 United Kingdom for the purposes of the Joint Liaison Group; (Amended 81 of 1999 s. 3)(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 United Kingdom; (Amended 81 of 1999 s. 3)(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 subparagraph (3)(a) shall not apply to—(a) supporting staff who are not designated by the Government of the United Kingdom as being of diplomatic rank in respect of acts performed outside the course of their duties as such; or (Amended 81 of 1999 s. 3)(b) dependants of such supporting staff. (Replaced 20 of 1990 s. 4)(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 subparagraph (4) and provided that the measure concerned can be taken without infringing the inviolability of his person or premises. 6. Waiver of immunity (1) The immunity from jurisdiction referred to in paragraph 5 of this Schedule may be waived by the Government of the United Kingdom. (Amended 81 of 1999 s. 3)(2) Subject to subparagraph (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. Exemption from taxation A person to whom this Ordinance applies shall be 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 United Kingdom for the purposes of the Joint Liaison Group; (Amended 81 of 1999 s. 3)(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 subparagraph (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. 8. Goods exempt from duties and taxes 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. Personal baggage exempt from search (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 subparagraph (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. Freedom of communication (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 United Kingdom and any British diplomatic mission or consular post wherever situated. (Amended 81 of 1999 s. 3)(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 United Kingdom or any person to whom this Ordinance applies may appoint special diplomatic couriers and the provisions of subparagraphs (2), (3), (4) and (5) shall mutatis mutandis apply to such couriers until any diplomatic bag carried by them has been delivered. (Amended 81 of 1999 s. 3)(Added 44 of 1985 s. 6)(Schedule amended 44 of 1985 s. 6)