### International Organizations (Privileges and Immunities) Ordinance 《國際組織(特權及豁免權)條例》

5. Application of national laws
(1) Nothing in this Ordinance or an order made under section 3 shall prejudice the operation of—
(a) the Regulations of the People’s Republic of China Concerning Diplomatic Privileges and Immunities in Schedule 5 to the Promulgation of National Laws 1997 (L.N. 379 of 1997)*; or
(b) the Regulations of the People’s Republic of China Concerning Consular Privileges and Immunities in Schedule 3 to the Promulgation of National Laws (No. 2) 1997 (L.N. 386 of 1997)#.
(2) If there is any conflict or inconsistency between—
(a) a provision of this Ordinance or of an order made under section 3; and
(b) the Regulations referred to in subsection (1),
then that provision shall be construed subject to the Regulations and shall be so construed as to be consistent with the international rights and obligations of the Central People’s Government of the People’s Republic of China.

Editorial Note:  * See Instrument A402.  # See Instrument A403. 

6. Exemptions
(Section 6(a) is not yet in operation.)
Regulation 12(1)(m) of the Dutiable Commodities Regulations (Cap. 109 sub. leg. A) is amended—
(a) by repealing “International Organizations and”;
(b) (Omitted as spent—E.R. 5 of 2022)

7. Refund of duty on goods supplied for consular etc. use

(Section 7(a) is not yet in operation.)
Regulation 15 is amended—
(a) by repealing “International Organizations and”;
(b) (Omitted as spent—E.R. 5 of 2022)

9. Passengers exempted from liability to pay the tax
(Section 9(a) not yet in operation)
The Second Schedule to the Air Passenger Departure Tax Ordinance (Cap. 140) is amended in paragraph 7—
(a) by repealing “International Organizations and”;
(b) (Omitted as spent—E.R. 5 of 2022)

10. Long title amended
(Not yet in operation)
The long title to the International Organizations and Diplomatic Privileges Ordinance (Cap. 190) is amended by repealing everything from “international” to “and other”.

11. Short title

(Not yet in operation)
Section 1 is amended by repealing “International Organizations and”.

12. Privileges, immunities and capacities of certain international organizations and their staffs

(Not yet in operation)
Section 2 is repealed.

13. Schedule repealed

(Not yet in operation)
The First Schedule is repealed.

### Consular Relations Ordinance 《領事關係條例》

1. Short title
This Ordinance may be cited as the Consular Relations Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
accorded to a State (某國家所享有的), in relation to any privilege or immunity, means accorded to a consular post of a State, or to persons connected with the consular post, or to both, and similar expressions shall be construed accordingly;
additional privileges and immunities (增補特權及豁免) means privileges or immunities that are not contained in the Schedule;
international agreement (國際協議) means any agreement in writing concerning consular relations or that agreement as amended from time to time, whether contained in one or more documents and by whatever name called, which has effect in international law and—
(a) to which the Government of the People’s Republic of China is a party; and
(b) which is applied to Hong Kong by the Central People’s Government.

### Consular Relations Ordinance 《領事關係條例》

4. Orders providing for additional or reduced privileges and immunities
(1) The Chief Executive in Council may—
(a) by order in the Gazette, declare that the additional privileges and immunities—
(i) accorded to a State under an international agreement; and
(ii) specified in the order,
shall have the force of law in Hong Kong; and
(b) in such order make such provisions as the Chief Executive in Council may consider necessary for carrying into effect in Hong Kong the provisions of the international agreement in connection with such privileges and immunities.
(2) The Chief Executive in Council may, by order in the Gazette, declare that such of the privileges and immunities contained in the Schedule—
(a) that are not accorded to a State under an international agreement to which that State is a party; and
(b) as specified in the order,
shall be excluded in the application of section 3 in relation to—
(i) any consular post of that State;
(ii) persons connected with the consular post.
(3) The Chief Executive in Council may, by order in the Gazette, declare that any privilege or immunity conferred by or under this Ordinance and as specified in the order shall no longer have the force of law in Hong Kong in relation to—
(a) all or any of the consular posts of a State;
(b) such persons connected with the consular post or posts as the Chief Executive in Council may consider proper,
on the ground that that State is failing to accord the corresponding privilege or immunity to a consular post of the People’s Republic of China in a territory of that State, or to persons connected with such consular post.

5. Authorized refund of duties paid on hydrocarbon oils
(1) The Chief Executive may authorize the Commissioner of Customs and Excise to make such arrangements as the Chief Executive thinks fit for securing the refund of duties imposed on hydrocarbon oils under the Dutiable Commodities Ordinance (Cap. 109) where such hydrocarbon oils are—
(a) imported into Hong Kong; and
(b) used for such purpose that, had they been imported for that use, exemption from customs duty would have been required to be granted under—
(i) Article 50 in the Schedule; or
(ii) an order made under section 4(1).
(2) Any arrangements made under this section may impose conditions subject to which any refund shall be made.
(3) Any amount of money refunded under arrangements made under this section shall be paid from the general revenue.

### Consular Relations Ordinance 《領事關係條例》

6. Right of diplomatic agents and consular officers to administer oaths and do notarial acts in certain cases
(1) A diplomatic agent or consular officer of a State may, if authorized to do so under the laws of that State, administer oaths, take affidavits and do notarial acts—
(a) required by a person for use in that State or under the laws of that State; or
(b) otherwise required by a national of that State but not for use in Hong Kong except under the laws of some other country.
(2) The Chief Executive may by notice in the Gazette exclude or restrict the provisions of subsection (1) in relation to the diplomatic agents or consular officers of a State in Hong Kong if he considers that in any territory of that State diplomatic agents or consular officers of the People’s Republic of China are not permitted to perform functions corresponding in nature and extent to those authorized by that subsection.
(3) In this section, diplomatic agent has the same meaning as the term “外交代表” (diplomatic agent) in the Regulations of the People’s Republic of China Concerning Diplomatic Privileges and Immunities in Schedule 5 to the Promulgation of National Laws 1997 (L.N. 379 of 1997)#.
Editorial Note:
# Please see Instrument A402.

7. Evidence
(1) Where a question arises as to whether or not a person is entitled to a privilege or immunity conferred by or under this Ordinance, a certificate issued by the Chief Secretary for Administration stating a fact relevant to that question is, subject to subsection (2), conclusive evidence of that fact.
(2) Where there is any conflict or inconsistency as respects a question of fact between—
(a) a certificate issued under subsection (1); and
(b) a certificate obtained under the third paragraph of Article 19 of the Basic Law,
then the second-mentioned certificate shall, to the extent of that conflict or inconsistency, as the case may be, prevail over the certificate issued under subsection (1).