Consular Conventions Ordinance


Published: 1997-07-01

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Cap 267 - CONSULAR CONVENTIONS ORDINANCE 1

Chapter: 267 CONSULAR CONVENTIONS ORDINANCE Gazette Number Version Date

Long title 81 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 81 of 1999 s. 3

To confer upon the consular officers of foreign States with which consular conventions are concluded by the

Government of the People's Republic of China certain powers relating to the administration of the estates and
property of deceased persons.

(Amended 81 of 1999 s. 3)


[20 April 1951]


(Originally 12 of 1951)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Consular Conventions Ordinance.

Section: 2 Interpretation 30/06/1997


In this Ordinance, unless the context otherwise requires-
"consular office" (領事辦事處) means any building or part of a building which is exclusively occupied for the

purposes of the official business of a consular officer.
[cf. 1949 c. 29 s. 4(3) U.K.]


Section: 3 Powers of consular officers in relation to property in Hong

Kong of deceased persons
30/06/1997



(1) Where any person who is a national of a State to which this section applies is named as executor in the will
of a deceased person disposing of property in Hong Kong, or is otherwise a person to whom a grant of representation
to the estate in Hong Kong of a deceased person may be made, then if the court is satisfied, on the application of a
consular officer of the said State, that the said national is not resident in Hong Kong, and if no application for a grant
of such representation is made by a person duly authorized by power of attorney to act for him in that behalf, the court
shall make to that officer any such grant of representation to the estate of the deceased as would be made to him if he
were so authorized as aforesaid.

(2) Where any person who is a national of a State to which this section applies-
(a) is entitled to any money or other property in Hong Kong forming part of the estate of a deceased

person, or to receive payment in Hong Kong of any money becoming due on the death of a deceased
person; or

(b) is among the persons to whom any money or other property of a deceased person may under any
Ordinance, whether passed before or after the commencement of this Ordinance, be paid or delivered
without grant of probate or other proof of title,

then if the said national is not resident in Hong Kong a consular officer of that State shall have the like right and
power to receive and give a valid discharge for any such money or property as if he were duly authorized by power of
attorney to act for him in that behalf:

Provided that no person shall be authorized or required by this subsection to pay or deliver any money or
property to a consular officer if it is within his knowledge that any other person in Hong Kong has been expressly
authorized to receive that money or property on behalf of the said national.

(Amended 26 of 1971 s. 76)
[cf. 1949 c. 29 s. 1 U.K.]





Cap 267 - CONSULAR CONVENTIONS ORDINANCE 2

Section: 4 Supplementary provisions as to section 3 30/06/1997


Notwithstanding any rule of law conferring immunity or privilege in respect of the official acts and documents
of consular officers, a consular officer shall not be entitled to any immunity or privilege in respect of any act done by
virtue of powers conferred on him by or under section 3 or in respect of any document for the time being in his
possession relating thereto.

[cf. 1949 c. 29 s. 3 U.K.]

Section: 5 Section 3 to apply to any foreign State by order of the

Chief Executive
81 of 1999 01/07/1997



Remarks:
Adaptation amendments retroactively made - see 81 of 1999 s. 3


The Chief Executive may by order signified in the Gazette direct that section 3 shall apply to any foreign State
specified in the Order, being a State with which a consular convention providing for matters for which provision is
made by that section has been concluded by the Government of the People's Republic of China.

(Amended 17 of 1970 s. 14; 81 of 1999 s. 3)
[cf. 1949 c. 29 s. 6 U.K.]

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