DIPLOMATIC PRIVILEGES ORDINANCE

DIPLOMATIC PRIVILEGES ORDINANCE

CHAPTER 190.

DIPLOMATIC PRIVILEGES.

To make provision as to the immunities, privileges aitd
capacities of international organizations of which His
Majesty's Government in the United Kingdom aitd
foreign governments are members; to confer immunities
and privileges on the staffs of such organizations aitd
representatives of member governments and in respect
of premises and documents of such organizations; to
assimilate the law of the Colony relating to the im-
munities and privileges as to person, property or servants
of sovereign diplomatic agents or the representatives of
sovereign powers to the law of England; and for pur-
poses connected with the matters aforesaid.

[29th October, 1948.]

1. This Ordinance may be cited as the Diplomatic
Privileges Ordinance.

2.(1) When any organization has been declared by
His Majesty by Order in Council made under the Diplomatic
Privileges (Extension) Acts, 1944 and 1946, to be an
organization of which His Majesty's Government in the
United Kingdom and the government or governments of one
or more foreign sovereign powers are members, the Governor
may, by notification in the Gazelte, declare that this Ordin-
ance shall apply to such organization and-
(a)provide that any such organization to which this
Ordinance applies (hereinafter referred to as 'the
organization') shall, to such extent as may be speci-
fied in the notification, have the immunities and
privileges set out in Part I of the Schedule, and
shall also have the legal capacities of a body
corporate;
(b)confer upon such number of officers of the organiza-
tion as may be specified in the notification, being
the holders of such high offices in the organization
as may be specified in the notification, and upon
such persons employed on missions on behalf of the
organization as may be so specified, and upon any
person who is the representative of a member govern-





ment on the governing body or any committee of the
organization, to such extent as may be so specified,
the immunities and privileges set out in Part II of
the Schedule ;
(c)confer upon such other classes of officers -and
servants of the organization as may be specified in
the notification, to such extent as may be so specified,
the immunities and privileges set out in Part III
of the Schedule;
aiid Part IV of the
Schedule shall have effect for the purpose
of extending to the staffs of representatives of member
governments and to the families of officers of the organization
any immunities and privileges conferred on the representa-
tives or officers under paragraph (b), except in so far as the
operation of the said Part IV is excluded by the notification
conferring the immunities and privileges.

(2) Where immunities and privileges are conferred on
any persons by the notification made under subsection (i),
the Governor-
(a) shall compile a list of the persons entitled to
immunities and privileges conferred under paragraph
(b) of that subsection, and may compile a list of
persons entitled to immunities and privileges con-
ferred under paragraph (c) of that subsection ;
(b) shall cause any list compiled under this subsection
to be published in the Gazette; and
(c) whenever any person ceases or begins to be entitled
to the immunities and privileges to which any such
list relates, shall amend that list and cause a notifica-
tion of the amendment, or, if he thinks fit, an
amended list, to be published as aforesaid.

(3) Every list or notification published under sub-
section (2) shall state the date from which the list or amend-
ment takes or took effect; and the fact that any person is or
was included or not included at any time among the persons
entitled to the immunities and privileges in question
may, if a list of those persons has been so published, be
conclusively proved by producing the Gazette containing the
list, or, as the case may be, the last list taking effect before
that time, together with the Gazette (if any) containing
notices of the amendments taking effect before that time, and





by showing that the name of that person is or was at that
time included or not included in the said list.

3. (1) Where a conference is held in the Colony and is
attended by the representatives of His Majesty's Government
in the United Kingdom and the government or governments
of one or more foreign sovereign powers, and it appears to
the Governor that doubts may arise as to the extent to which
the representatives of such foreign powers and members of
their official staffs are entitled to diplomatic immunities, he
may-
(a)compile a list of the persons aforesaid who are
entitled to such immunities, and cause that list to
be published in the Gazette; and
(b)whenever it appears to the Governor that any person
ceases or begins to be entitled to such immunities,
amend the list and cause a notification of amendment
or, if he thinks fit, an amended list, to be published
as aforesaid;
and every representative of a foreign power who is for the
tirne being included in the list shall, for the purposes of any
enactment and rule of law or custom relating to the immuni-
ties of an envoy of a foreign power accredited to His Majesty,
and of the retinue of such an envoy, be treated as if he were
such an envoy, and such of the members of his official staff
as are for the time being included in the list shall be treated
for the purpose aforesaid as if they were his retinue.

(2) Every list or notification published under subsection
(i) in relation to any conference shall include a statement of
the date from which the list or amendment takes or took
effect; and the fact that any person is or was included or
not included at any time among the persons entitled to
diplomatic immunities as representatives attending the con-
ference or as members of the official staff of any such
representative may, if a list of those persons has been so
published, be conclusively proved by producing the Gazette
containing the list or, as the case may be, the last list taking
effect before that time, together with the Gazette (if any)
containing notices of the amendments taking effect before
that time, and by showing that the name of that person is or
was at that time included or not included in the said list.





4. This Ordinance shall, in its application to the United
Nations, have effect subject to the following provisions-
(a)any reference to the governing body or any com-
mittee of the organization shall be construed as
referring to the General Assembly or any council or
other organ of the United Nations; and
(b) the powers conferred by subsection (i) of section 3
shall include power by notification in the Gazette
to confer on the judges and registrars of the
International Court, and on suitors to that Court
and their agents, counsel and advocates, such
immunities, privileges and facilities as may be
required to give effect to any resolution of or conven-
tion approved by the General Assembly of the
United Nations.

5. Nothing in the foregoing provisions shall be con-
strued as precluding the Governor from declining to accord
immunities or privileges to, or from withdrawing immunities
or privileges from, nationals or representatives of any power
on the ground that that power is failing to accord correspond-
ing immunities or privileges to British nationals or repre-
sentatives.

6. Notwithstanding any provision to the contrary con-
tained in the law applicable to the Colony, the law and
custom relating to the immunities and privileges as to person,
property or servants of sovereigns, diplomatic agents, or the
representatives of foreign powers for the time being in force
in England shall, in so far as the same is applicable mutatis
mutandis, have effect and be enforced in the Colony.

SCHEDULE. [s. 2.]

PART I

IMMUNITIES AND PRIVILEGES OF THE ORGANIZATION.

1. Immunity from suit and legal process.
2. The like inviolability of official archives and premises
occupied as offices as is accorded in England in respect of the official
archives and premises of an envoy of a foreign sovereign power
accredited to His Majesty.





3. The like exemption or relief from taxes and rates, other
than taxes on the importation of goods, as is accorded in England
to a foreign sovereign power.
4. Exemption from taxes on the importation of goods directly
imported by the organization for its official use in the Colony or
for exportation, or on the importation of any publications of the
organization directly imported by it, such exemption to be subject
to compliance with such conditions as the Director of Commerce
and Industry may prescribe for the protection of the revenue.
5. Exemption from prohibitions and restrictions on importa-
tion or exportation in the case of goods directly imported or exported
by the organization for its official use and in the case of any
publications of the organization directly imported or exported by
it.
6. The right to avail itself, for telegraphic communications
sent by it and containing only matter intended for publication by
the press or for broadcasting (including communications addressed
to or despatched from places outside the Colony) of any reduced
rates applicable for the corresponding service in the case of press
telegrams.
PART II.
IMMUNITIES AND PRIVILEGES OF HIGH OFFICERS, PERSONS ON
MISSIONS AND GOVERNMENT REPRESENTATIVES.
1. The like immunity from suit and legal process as is
accorded in England to an envoy of a foreign sovereign power
accredited to His Majesty.
2. The like inviolability of residence as is accorded to such
an envoy.
3. The like exemption or relief from taxes as is accorded to
such an envoy.
PART III.
IMMUNITIES AND PRIVILEGES Or OTHER OFFICERS AND SERVANTS.
1. Immunity from suit and legal process in respect of things
done or omitted to be done in the course of the performance of
official duties.
2. Exemption from income tax in respect of emoluments
received as an officer or servant of the organization.

PART IV.
IMMUNITIES AND PRIVILEGES OF REPRESENTATIVE'S STAFF AND
OF HIGH OFFICER's FAMILY.
1. Where any person is entitled to any such immunities and
privileges as are mentioned in Part II of this Schedule as the
repr~sentative of a member government, his official staff accom-
panying him as such a represenCitive shall also be entitled to those
immunities and privileges to the same extent as the retinue of an
envoy of a foreign sovereign power accredited to His Majesty is
entitled in England to the immunities and privileges accorded to
the envoy.
2. Where any person is entitled to any such immunities and
privileges as are mentioned in Part II of this Schedule as an officer
of tile organization, that person's wife or husband and children
under the age of twenty-one shall also be entitled to those
immunities and privileges to the same extent as the wife or husband
and children of an envoy of a foreign sovereign power accreditd
to His Majesty are entitled in England to the immunities and
privileges accorded to the envoy.
56 of 1948. Short title. Privileges, immunities and capacities of certain international organizations and their staffs. [cf. 7 & 8 Geo. 6 c. 44.] [cf. 9 & 10 Geo. 6 s, 66.] Schedule. [s. 2 cont.] Diplomatic immunities of representatives attending internationals conferences. Application to United Nations. Reciprocal treatment. Law of Colony relating to privileges of sovereigns and others assimilated to the law of England. Exemptions. Power of Governor in Council to amend Schedules. 9 of 1950, Schedule. G.N.A. 28/50. G.N.A. 44/50. G.N.A. 95/50.

56 of 1948. Short title. Privileges, immunities and capacities of certain international organizations and their staffs. [cf. 7 & 8 Geo. 6 c. 44.] [cf. 9 & 10 Geo. 6 s, 66.] Schedule. [s. 2 cont.] Diplomatic immunities of representatives attending internationals conferences. Application to United Nations. Reciprocal treatment. Law of Colony relating to privileges of sovereigns and others assimilated to the law of England. Exemptions. Power of Governor in Council to amend Schedules. 9 of 1950, Schedule. G.N.A. 28/50. G.N.A. 44/50. G.N.A. 95/50.

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