Internationally Speaking

Diplomatic and consular immunities are exchanged multilaterally under the Vienna Convention on Diplomatic Relations 1961 and the Vienna Convention on Consular Relations 1963. The immunities granted to Hong Kong Economic and Trade Offices (ETOs) are the result of bilateral negotiations. The purpose of the grant is to ensure efficient performance of the institutional functions.

The common immunities granted to Embassies, Consulates and Offices include the inviolability of premises ie the hosting State may not enter, and must protect, the premises. While consular officers and employees have functional immunity, accredited diplomatic staff are exempted from criminal and civil jurisdiction of the hosting State. The legal immunities, however, might be abused, from speeding to murder.

Having won the UK Foreign Office Scholarship to study international law (1986-1987), I thought about the possibility of becoming a UK diplomatic staff. When Hong Kong became a Special Administrative Region of China in 1997, I enquired about joining China's diplomatic service. Neither my former British Dependent Territories Citizenship, nor my Hong kong Chinese status led me anywhere.

The closest I could get was visiting the British Embassy in Beijing before 1997, the Consulates in Hong Kong, and Hong Kong's ETOs, especially the one in Geneva. The best I could experience as a World Trade Organization Dispute Settlement Panelist was to hear opening submissions from Ambassadors of disputant States. As a Hongkonger, I believe I have already made the most out of my status, internationally speaking!

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