Review of Hong Kong Economic and Trade Office Privileges and Immunities Order - SOR/96-207

Title of the statutory instrument

Hong Kong Economic and Trade Office Privileges and Immunities Order - SOR/96-207

Enabling Act

Foreign Missions and International Organizations Act (FMIOA)

Rationale

To determine whether the Order is still required.

Narrative

Hong Kong is a “Special Administrative Region” (SAR) under the People’s Republic of China (PRC). Under the 1984 Sino-British Joint Declaration, the PRC has granted Hong Kong a high degree of autonomy for at least 50 years, including its own government, economy, judicial system, and economic and trade representatives. In preparation for the handover in 1997, Hong Kong established an Economic and Trade Office (HKETO) in Toronto and later a liaison office in Vancouver. The 1984 Sino-British Joint Declaration stipulates that Hong Kong’s SAR status and conditions will remain unchanged for 50 years, until 2047. Global Affairs Canada issued Privileges and Immunities Order in light of Hong Kong’s unique SAR status and in order to advance Canadian interests. Under this Order, HKETO is treated like a consular post per the Vienna Convention on Consular Relations. The scope of the functions of HKETO officials is defined by article 5 of the convention. Global Affairs Canada has not reviewed the Order since its invocation, as the 1984 Sino-British Joint Declaration expected Hong Kong to remain as a SAR until 2047. A regulatory stock review should determine: 1) whether Hong Kong’s governance arrangements and relations with Canada continue to justify the accordance of these privileges and immunities; and 2) whether HKETO’s operations still align with the Vienna Convention on Consular Relations.

Date of Last Review or Amendment

Never been reviewed

Targeted Start for Review

Long-term

Status

Planned

Result

To be determined

For Further Information

Global Affairs Canada recommends reviewing the Privileges and Immunities Order either by 2047 or prior to 2047 when prima facie analysis suggest that Hong Kong SAR’s status is no longer warranted.

Departmental Contact

Greater China Political and Coordination Division
Global Affairs Canada
Email: EXTOTT-OPB@international.gc.ca