Cap. 36activeordinance

Privileges and Immunities (Joint Liaison Group) Ordinance

特權及豁免權(聯合聯絡小組)條例

Full legislation

s.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.