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]
(Format changes—E.R. 5 of 2018)
This Ordinance may be cited as the Consular Conventions Ordinance.
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.]
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.
Where any person who is a national of a State to which this section applies—
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
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.]
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.]
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.]