Q: Whether the collection of personal data by a consulate is covered by the Personal Data (Privacy) Ordinance (the "Ordinance")?
A: Article 43 (Immunity from jurisdiction) of the Provisions of Vienna Convention on Consular Relations Having the Force of Law in Hong Kong in the Schedule to the Consular Relations Ordinance (Cap 557) provides: "consular officers and consular employees shall not be amenable to the jurisdiction of the judicial or administrative authorities of the receiving State in respect of acts performed in the exercise of consular functions."
By virtue of aforesaid, consulate enjoys jurisdictional immunity. Hence, the Ordinance has no jurisdiction over any act of personal data collection performed by a consulate in the exercise of its consular functions.
uploaded on web in February 2010