STATUTORY RULES.
1962. No. 29.
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REGULATION UNDER THE DIPLOMATIC IMMUNITIES ACT 1952-1958.*
WHEREAS by section 7 of the Diplomatic Immunities Act 1952-1958 it is enacted that the regulations may provide that a person who holds a prescribed office in the service of the Government of a place (not being a country to which that Act applies) declared by the regulations to be a place within the Commonwealth of Nations to which that section applies is entitled to the immunity from suit and process and to the inviolability of official premises and official archives, to which he would be entitled if he were a consular officer of a sovereign power:
And whereas it is desirable—
(a) to declare that Hong Kong, which is not a country to which that Act applies, is a place within the Commonwealth of Nations to which section 7 of that Act applies; and
(b) to provide that the person who holds office of Hong Kong Government Trade Representative in Australia is entitled to the immunity and inviolability referred to in that section:
Now therefore I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Diplomatic Immunities Act 1952-1958.
Dated this twenty-seventh day of March, 1962.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
Minister of State for External Affairs.
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AMENDMENTS OF THE DIPLOMATIC IMMUNITIES REGULATIONS. †
After regulation 4 of the Diplomatic Immunities Regulations the following regulations are added:—
Declaration of Hong Kong as a place for the purposes of section 7 of the Act.
“5. Hong Kong is declared to be a place within the Commonwealth of Nations to which section 7 of the Act applies.
Consular immunity of Hong Kong Government Trade Representative.
“6.—(1.) For the purposes of section 7 of the Act, the office of Hong Kong Government Trade Representative in Australia is a prescribed office.
“(2.) A person who holds the office specified in the last preceding sub-regulation is entitled to the immunity from suit and legal process, and to the inviolability of official premises and official archives, to which he would be entitled if he were a consular officer of a foreign power.”.
* Notified in the Commonwealth Gazette on 29th March, 1962.
† Statutory Rules 1959, No. 33.
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By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.
916/62.—PRICE 3D. 10/16.2.1962.
Overview
The Diplomatic Immunities Regulations 1962 (C1962L00029) were enacted to address the need to extend certain immunities and protections typically afforded to consular officers under the Diplomatic Immunities Act 1952-1958 to officials of the Hong Kong Government, specifically the Hong Kong Government Trade Representative in Australia. This was achieved by declaring Hong Kong as a place within the Commonwealth of Nations to which the provisions of section 7 of the Act apply. The regulation ensures that the Hong Kong Government Trade Representative in Australia is entitled to the same immunity from suit and legal process and the inviolability of official premises and archives as a consular officer of a foreign power. The regulation was enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to align with the policy objective of maintaining diplomatic relations and facilitating trade and official duties between Australia and Hong Kong.
Scope and Application
The Diplomatic Immunities Regulations 1962, under the Diplomatic Immunities Act 1952-1958, extend the application of diplomatic immunities to Hong Kong, a place within the Commonwealth of Nations, by declaring it as such and providing immunity to the Hong Kong Government Trade Representative in Australia. This legal instrument specifies that the Hong Kong Government Trade Representative in Australia is entitled to immunity from suit and legal process, as well as the inviolability of official premises and archives, akin to the protections afforded to consular officers of a sovereign power. The regulations are designed to apply nationally, and they are made under the authority of the Governor-General, acting on the advice of the Federal Executive Council. The application of these regulations is precise, with no exclusions or exemptions stated within the text, but it is understood that they may be further defined or restricted by any subordinate instruments issued under the authority of the Diplomatic Immunities Act.
Key Provisions
The Diplomatic Immunities Regulations 1962 (C1962L00029) under the Diplomatic Immunities Act 1952-1958 introduce specific provisions regarding diplomatic immunity for Hong Kong, a place not previously covered under the Act. Regulation 5 declares Hong Kong as a place within the Commonwealth of Nations to which section 7 of the Act applies, thereby extending its scope to cover Hong Kong. This declaration is crucial as it sets the legal foundation for the subsequent immunity provisions that apply to officials of Hong Kong in Australia. Regulation 6 further elaborates by identifying the office of Hong Kong Government Trade Representative in Australia as a prescribed office, thereby granting this official the same immunity from suit and legal process, as well as the inviolability of official premises and archives, as would be afforded to a consular officer of a foreign power.
These regulations impose specific obligations on the Hong Kong Government Trade Representative in Australia. Primarily, the representative must adhere to the immunity provisions outlined in the Act, which means they cannot be subjected to legal process and their official premises and archives are inviolable. This includes immunity from civil and criminal proceedings in Australian courts, except in very limited circumstances as prescribed by international law. Additionally, this representative must maintain the decorum and integrity associated with their office, ensuring that the premises and archives are used solely for official purposes and are not compromised in any manner that could undermine diplomatic relations between Australia and Hong Kong.
Failure to comply with the immunity provisions could result in significant legal consequences. While the regulations do not explicitly detail penalties, breaches of diplomatic immunity are generally viewed seriously under international law and could lead to diplomatic disputes or legal actions. In Australian courts, any attempt to enforce legal process against the Hong Kong Government Trade Representative could be deemed a breach of international law, potentially leading to diplomatic protests and remedial actions. Furthermore, any misuse of official premises or archives could result in expulsion from Australia or other diplomatic sanctions, depending on the severity and nature of the breach.