Code of Practice not affecting visa applications as the Ordinance has no application in law in respect of such acts performed by Consulates General, including visa applications.

A: Pursuant to Section 2 of the Consular Relations Ordinance (Cap. 259) consular officers and employees are not subject to the jurisdiction of the local judicial or administrative authorities in respect of acts performed in the exercise of consular functions. Accordingly, in respect of such acts Consulates General are not subject to the requirements of the Ordinance. Furthermore, as the Code was approved and issued by the Privacy Commissioner for Personal Data pursuant to his powers under section 12(1) of the Ordinance it has no application in law in respect of such acts performed by Consulates, including the processing of visa applications.

However, as a matter of good practice, due attention should be paid in respect of the provisions of the Code. In particular, action should be taken to ensure the accuracy and security of records of ID card numbers and other personal identifiers and copies of ID cards. They are contained in paragraphs 2.4, 2.6 to 2.8, 3.5 to 3.12, 4.1 and 4.3 of the Code.