The full text of these agreements/arrangements are available on the website of the Department of Justice.
The Central People's Government has entered into agreements and arrangements with five international organisations concerning the establishment of offices in HKSAR, i.e. The Vienna Convention on Diplomatic Relations directly states that the members of the diplomat’s household enjoy similar immunities as the diplomatic staff does.
The full text of these agreements are provided on the website of the Department of Justice.Īgreements and arrangements concerning international organisations- The Diplomatic Family (Article 36) The diplomatic family is the concept of shared privileges between diplomats and their family members. Currently, 13 bilateral agreements have been gazetted. The Central People's Government concludes bilateral agreements with a number of foreign governments concerning the latter's consular missions in the Hong Kong Special Administrative Region (HKSAR). 558) (on the website of Hong Kong e-Legislation)īilateral agreements concerning individual consulates.
International Organizations (Privileges and Immunities) Ordinance (Cap. 190) (on the website of Hong Kong e-Legislation) International Organizations and Diplomatic Privileges Ordinance (Cap. 267) (on the website of Hong Kong e-Legislation) 191) (on the website of Hong Kong e-Legislation) Administration of Estates by Consular Officers Ordinance (Cap. 557) (on the website of Hong Kong e-Legislation) Regulations of the People's Republic of China Concerning Diplomatic Privileges and Immunities (see Schedule 5 of Instrument A402 Promulgation of National Laws 1997) (on the website of Hong Kong e-Legislation). Regulations of the People's Republic of China Concerning Consular Privileges and Immunities (see Schedule 3 of Instrument A403 Promulgation of National Laws 1997) (on the website of Hong Kong e-Legislation). Vienna Convention on Diplomatic Relations. Vienna Convention on Consular Relations. The conventions and ordinances concerning the consular/diplomatic relations can be accessed via the following links – In any case, the Tribunal finds it difficult to accept that there is an exception to State immunity for commercial acts, but not for crimes against humanity that flout the basic right to life.Useful Information Conventions, ordinances and agreements Nor did Iran claim responsibility for this conduct. The planning of a terrorist attack can be presumed not to be part of such tasks. With respect to the residual functional immunity of the diplomat as a State organ, the Tribunal asserts that such immunity extends only to acts performed in the exercise of official functions. The Tribunal also observes that the activities of which the diplomat is accused cannot form part of the normal diplomatic function, and that it cannot have been the intention of the States parties to the VCDR for such acts to be covered by diplomatic immunity.Īccording to the Tribunal, the immunity of Iran itself is not triggered since Iran or its secret service are not a party to the proceedings. This provision must be read restrictively, and does not extend to situations where a diplomat is on a holiday abroad. In addition, the diplomat was not in transit in the sense of Article 40 VCDR. The Tribunal finds that the diplomat cannot invoke immunity from jurisdiction under Article 31 VCDR, since this only applies in the bilateral relationship between the sending and the receiving State. 
The Tribunal of First Instance imposes heavy prison sentences on four individuals of Iranian origin, including an diplomat accredited to the Iranian embassy in Austria, for planning a terrorist attack. Antwerp First Instance Tribunal, Prosecutor v A.S., N.N. The Vienna Convention on Diplomatic Relations (VCDR)1 of 1961 is the cornerstone and authoritative codification of customary international law regarding.
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