Zimbabwe’s first lady, Grace Mugabe, is entitled to diplomatic status in Hong Kong, making her immune from prosecution for an alleged attack on a photographer for the Sunday Times.

The Department of Justice in the territory issued a statement saying: “Grace Mugabe is not liable to arrest or detention, and enjoys immunity from prosecution.” These rights come under Chinese regulations on diplomatic immunity and privileges, the department said.

Hong Kong’s legal system is separate from that of China under terms of its reversion to Beijing rule in 1997, but it must apply China’s laws in cases involving foreign relations or defence.

Hong Kong-based British photographer Richard Jones encountered the 43-year-old wife of Robert Mugabe as she walked down a street near her luxury hotel in the heart of the city to go shopping.

She punched him in the face when he tried to take pictures of her on January 15, leaving Mr Jones with bruises and cuts where her diamond-encrusted ring had smashed into his face.

Mr Jones told AFP: "I think it's a disgrace for the Hong Kong government to allow a person to walk on a street in Hong Kong, punch a member of the media, and walk free from it. This is a town where the freedom of the media is a strong tradition."

He described her at the time as "completely deranged" as she struck him in the face repeatedly while her bodyguard grabbed him as she was leaving the five-star Kowloon Shangri-la Hotel.

He was working for The Sunday Times on a report about Mrs Mugabe’s extravagant holiday in the Far East that was in stark contrast to the lifestyle of the people of Zimbabwe. Nearly half the population is dependent on food aid and a cholera epidemic has claimed more than 4,000 lives.

Michael Sheridan, Far East correspondent for The Sunday Times, said: “The Sunday Times took very seriously this assault on journalists working for our newspaper and we retained lawyers to ensure that all the necessary evidence for a prosecution was available to the police. Diplomatic immunity should not be a shield for unacceptable and illegal behaviour.”

Mr Jones’ lawyer said CCTV footage and statements from independent witnesses had provided strong evidence for their case. Michael Vidler said the acerations inflicted on Mr Jones' face were sufficient to merit a charge of wounding rather than the more minor offence of common assault.

The only previous recorded case since the handover in which diplomatic immunity has been invoked for a serious offence involved Vietnam's then consul general, Nguyen Viet Hung, who was arrested for groping a woman's bottom in the Sogo department store in Causeway Bay in 2001, the South China Morning Post reported. He left Hong Kong.

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