NOTIFICATIONS BY THE GOVERNOR

NOTIFICATIONS BY THE GOVERNOR

DIPLOMATIC PRIVILEGES.
NOTIFICATIONS BY THE GOVERNOR.
(Cap. 190).
(Ordinance No. 56 of 1948).

[19th November, 1948.]

The Governor declares and provides and it is
declared and provided as follows-

PART I.

THE UNITED NATIONS.
A. The Orgaitization.
1. The United Nations set up by the Charter signed at
San Francisco on the 26th June, 1945, is an organization to
which the Diplomatic Privileges Ordinance shall apply.

2. The United Nations shall have the legal capacity of
a body corporate and, except in so far as in any particular
case it has expressly waived its immunity, inimunity
from suit and legal process. No waiver of immunity shall
be deemed to extend to any measure of execution.

3. The United Nations shall have the like inviolability
of official archives and premises occupied as offices as is
accorded in respect of official archives and premises of in
envoy of a foreign sovereign power accredited to His
Majesty.

4. The United Nations shall have the like exemption
or relief from taxes and rates, other than taxes on the
importation of goods, as is accorded to a foreign sovereign
power.

5. The United Nations shall have exemption from
taxes on the importation of goods directly imported by the
organization for its official use in this Colony or for exporta-
tion, 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.

6. The United Nations shall have exemption from pro-
hibitions and restrictions on importation and exportation in





the case of' goods directly 'imported or exported by tile
organization for its official use and in the case of any ptiblica-
tions of the organization directly imported or exported by it.

7. The United Nations shall have the right to avail
itself, for telegraphic communications sent by it and con-
taining only matter intended for publication by the press or
for broadcasting (including communications addressed to or
from places outside this Colony), of any reduced
rates applicable ]*ol- the corresponding sen,,ice in the case of
press tele.grams.

B . Representatives of J111embers.

8. Except in so far as in any particular case any
privilege or immunity is waived by the member govern-
ments whom they represent, representatives of member
governments to the General Assembly or to any Council ol-
other organ of the United Nations shall enjoy-.
(a)while exercising their functions as stich, and during
Illeir Journey to and from the place of rneeting,
immunity from personal arrest or detention and
from seizure of their personal baggage and
inviolability for all papers and docurnents;
(b)immunity frorn legal process of every kind in
respect of words spoken or written and all acts done
by them in their capacity as representatives;
(c) vx,liile exercising their functions and during their
journey to and frorn [lie place of rilecting, the like
exemplion ol- relief from taxes as is accorded to an
envoy of a foreign sovereign power accredited to
.IIiS 'Majesty, save that the relief allowed shall not
include relief from customs and excise duties except
in respect of goods imported as part of. their
personal baggage. They shall not, where the in-
cidence of any form of taxation depends upon
residence, be deemed to be resident in this Colony
during any period when they are present in this
Colon ' V while exercising their functions or during
their journey to and from the place of meeting.
The provisions of this paragraph shall riot apply
to British subjects whose usual place of abode is
in this Colony.





9. For the. purposes of the application of this Oi.dei-~
the expression 'representatives of member govern merits'
shall be deemed to include their official staffs, accompanying
them as such representatives, as delegates, deputy delegates,
advisers, technical experts or secretaries of delegations.

C. High Officials of the Uitited Nations.

10. Except in so far as in any particular case. any
privilege or immunity is waived by the Secretary, Gencral
or the Security Council of the United Nations, the Secretary
General and Assistant Secretaries General of the Utii[e~
Nations (and not exceeding at one time six in number) shall
be accorded in respect of themselves, their spouses and
children under the age of twenty-one the like immunity froill
suit and legal process,, the like inviolability of residence and
the like exemption or relief from taxes as is accord.A to an
envoy of a foreign sovereign power accredited to Flis
Majesty, his spouse and children. They shall also enjo ' y
exemption from income tax in respect of emoluments received
by, them as officers of the United Nations.

1). Persons employed on, viis~iojis ov. helialf of Ihe
Un,'I'led Natiolls.

11. Except in so far as in any particular case any
privilege or immunity is waived by the Secretary General of
the United Nations, persons employed on missions on behalf
of the United Nations shall enjoy-
(a)while exercising their functions as such, and durin-
their journey to and from the place of meeting,
immunity from personal arrest or detention and
f rorn seizure of their personal baggage and
inviolability for all papers and documents;
(b)immunity from legal process of every kind in respect
of words spoken or written and all acts (lone 1)v
thern in the exercise *of these functions.

E. Other officials of the UnIted Nations.

12. Except in so far as in any particular case any
privilege or immunity is vaived by the Secretary General
of the United Nations, officia!s of the United Nations (other
than those referred to in Article io above, and officials





engaged locally and rernunerated by payment calculated by
the number of hours worked) shall enjoy-
(a)immunity from suit and legal process in respect of
words spoken or written and all acts done by them
in the course of the performance of their official
d uties; and
(b)exemption from income tax in respect of enioll-1-
ments received bv lhern as officers or servants of the,
United Nations.

PART II.
INTERNATIONAL COURT OF JUSTICE.
13. Except in so far as in any particular case any pri-
vilege or immunity is waived by the Court, the judges and
Registrar of the International Court of justice (including
any officer of the Court acting as Registrar) shall, when
engaged on the business of the Court and during any
journey to and frorn the place where the COUrt is sitting in
connexion with such business, enjoy the like immunity from
snit and legal process, the like inviolability of residence and
also unless they are British subjects whose usual place of
abode is in this Colony, the like exemption or relief from
taxes as is accorded to an envoy of a foreign sovereign
power accredited to His Majesty.

14. The judges and Registrar of the International
Court of Justice.shall enjoy exemption fron-i incorne tax in
respect of all emoluments received by thern as judges or
Registrar.

15. Except in so far as in any particular case any pri-
vilege or immunity is waived by the government whom they
represent before the Court, the agents, counsel and
advocates of parties before the Court shall enjoy-
(a)when engaged on their missions before the Court
and during their journeys to and from the place
where the Court is sittin- in connexion with such
missions, immunity from personal arrest or deten-
tion and from seizure of their personal baggage and
inviolability for all papers and documents;
(b)immunity from legal process of every kind in
respect of words spoken or written and all acts done
by them in this capacity;





(c)NS'lien engaged on their missions before the Court
and during their journeys to and from the place
where the Court is sitting in connexion with such
mission, the like exemption or relief from taxes as
is accorded to an envoy of a foreign sovereign
power accredited to His Majesty, save that the
relief allowed shall not include relief from cuslonis
or excise doties except in respect of' goods imported
as part of their personal baggage. They shall not,
where incidence of any form of tax depends upon
residence, be deemed to be resident in this Colony
during. any period when they are present in this
Colony while exercising these functions or durin
t, 9
their journey to and from the place of niceting.
'Fhe provisions of this paragraph shall riot tl)pl~
to British subjects whose usual place of abode is
in this Colony.

The provisions of this Article do not apply to any
agents, counsel or advocates acting. on behalf of His
Majesty's Government in this Colony or to any British sub-
ject acting on behalf of any other Government except a
Government of His Majesty other than His Majesty's
Government in this Colony.

The Governor declares and provides and it is hereby
declared and provided as follows-

THE IN'FlERNATIONAL LABOUR ORGANIZATION.

A. The Organization.

1. The International Labour Organization is an
organization to which the Diplomatic Privileges Ordinance
shall apply.

2. The International Labour Organization shall have
the legal capacities of a body corporate and except in so far
as in any partieu * lar case it has expressly waived its
immunity, immunity from suit and process. No waiver of
immunity shall be deemed to extend to any measure of
execution.





3. The International -Labour Organization shall have
the like inviolability ol.* official archives and premises
occupied as offices as is accorded in respect of official
archives and premises of an envoy of a foreign sovereign
power accredited to His Majesty.

4. 'I'lie International Labour Organization shall have
the like exemption or relief from taxes and rates, other than
taxes on the importation of goods, as is accorded to a
foreign sovereign power.

5. The International Labour Oiganization shall have
exeii-iptioii from taxes on the importation of goods directly
imported hy the Organization for its official use in Hong
Kong or for exportation, or on the importation of any of
the publications of the Organization directly imported by it,
such exemption to be subject to compliance with such con-
ditions as the Director of Commerce and Industry may
prescribe for the protection of the revenue.

6. The International Labour Organization shall have
exemption from prohibitions and restrictions oil importation
or exportation in the case of goods directly imported or
exported by the Organization for its official use and in the
case of any publication of the Organization directly
iniported or exported by it.

7. The International Labour Organization shall have
the right to avail itself, for telegraphic communications sent
])v it and coil tai n in,,. only matters for publication by the
press or for broadcasting (including communications
addressed to or despatched frorn places outside Hong
Kong) of any reduced rates applicable for the correspond-
ing service in the case of press telegrams.
~z,

B. Representatives of Members: Alembers of the Governing
Body of the International Labour Office..

8. 1) Except in so far as any privilege or immunity
is waived, in the case of representatives of member govern-
ments, by the Governments whom they represent; and in
the case of members and deputy members of the Governing
Body of the International Labour Office. and their sub-
stitutes, by the Governing Body, representatives of member
governments and the employers' and workers' members





and de puty members of the Governing Body of the Inter-
national Labour Office and their substitutes shall enjoy-
(a)while exercising their functions as such, and during
their jourpey to and from the place of meeting,
immunity from' personal arrest or detention and
from seizure of their personal baggage and inviol-
'ability for all papers and docunients
(b)immunity frorn legal process of every kind in
respect of m,ords spoken or written and all acts done
by them in their capacity as representatives Or as
inembers of the Governing Body of Ilic Inter-
national Labour Office, us the. case rnay be-
(c)while exercising their functions and dui-ing their
journey to and from the place of meeting, the like
exemption or relief from taxes as is accorded to an
envoy of a foreign sovereign power accredited to
His Majesty, save that the relief allowed shall not
include relief from customs and excise duties except
in respect of goods imported as part of theit per-
sonal baggage. They shall not, where. the
incidence of any form of taxation depends upon
residence, be deemed to be resident in Hong Kong
during any period when they are present in Flong
Kong whilst exercising their functions or during
their jOLirilpy to and from the place of meetinIg.

The provisions of this paragraph shall not apply to
British subjects whose usual place of abode is in Hong
PC o n g.
(2) For the purpose of the application of the Order the
expression 'representatives of member govei-ni-nents' shall
be deemed to include their official staffs, accompanying thern
as Such representatives, as delegates, deputy delegates,
advisers, technical experts or secretaries of delegations.
(3) The provisions of the preceding paragraphs of this
Article shall not confer any immunity or privilege upon an\
person as the representative of His Majesty's Government
in Hong Kong or a member of the staff of such a representa-
tive or any person who is a British subject and who is not
the representative of a Government of His Majesty other
than His Majesty's Government in Hong Kong or a
member of the staff of and accompanying any such repre-
sentative.





C. High Officials.

9. Except in so far as in any particular case any pri-
vilege or immunity is waived by the Organization, officers
of the International Labour Organization holding the offices
of Director-Gerieral, Deputy Director-General and Assistant
Director-Geiieral shall be accorded in respect of themselves,
their spouses and children tinder the age of twenty-one, the
lil~e immunity from Suit and legal process, the like inviol-
ability of residence and the like exemption or relief from
taxes as is accorded to an envoy of a foreign sovereign
power accredited to His Majesty, his spouse and children,
incltiding exemption from.incorne tax in respect of emolu-
rnents received by them as officers of the Organization.

D. Persons Serving on Committees of m Employed on
Missions on behalf of the 07ganization.

10. Except in so far as in any particular case any pri-
vilege is waived by the Organization, persons (other than
officials of the Organization) serving on committees of, or
employed on missions on behalf of the International Labour
Organization shall enjoy-
(a)while exercising their functions as such, and during
their journey to and from the place of meeting, im-
munity from personal arrest or detention and from
seizure of their personal baggage and inviolability
of all papers and documents relating to the work
of the Organization;
(b)immunity from legal process of every kind in
respect of words spoken or written and all acts done
by them in the exercise of their functions. Such
immunity shall continue notwithstanding that the
persons concerned 'are no longer employed on
missions on behalf of the International Labour
Organization.

E. Other Officials of the Organization.

11. Except in so far as in any particular case any
privilege or immunity is waived by the International Labour
Organization, all officials of the Organization (other than
those referred to in Article 9 above or officials engaged
locally and remunerated by payment calculated on the
number of hours worked) shall enjoy-





(a)immunity from suit and legal process in respect of
words spoken or written and all acts done by thern
in the course of the performance of their official
duties;
(b)exemption frorn iricorne tax in respect of eniolu-
merits received by thern as officers ol. servants of the
International Labour Organization.

50. The Governor declares and provides and it is hereby
declared 'and provided as follows-
THE INTERNATIONAL CIVIL AVIATION
ORGANIZATION.
A. Y'Ite

1. The International Civil Aviation Organization set
up under Article 43 of the Conventioji on Inteniatiotial Civil
Aviation signed at Cbicago on 71:11 December, 1944 (here-
after referred to as the Organization) is aii oi.giii*]/~iti(ii to
which the Diplomatic Privileges Ordinwice shall apply.

2. The Organization shall have the legal capacities of
a body Corporate alld, except in so fil- ~i.,; ill ally
Case it has expressly waived it.s iiniiiuiilt.~,, inlillunilly froill
suit and process. No waiver of ininitinity sliall be deemed
to extend to any measure of execution.

3. The Organization shall have the like iiivioltl)iiity of
official archives and premises occupied as offices as is
accorded in respect of official arcl-lives and pren-lises of -ill
envoy of a foreign sovereign power accrediteel to Flis
tz,
Majesty.

4. The Organization shall have the like exemption or
relief frorn taxes and rates, other thari taxes on the importa-
tion of goods, as is accorded to a foreigii sovereign power.

5. The Organizatioti sliall have exeniptioii froni taxes
on the importation of goods directly imported by tlic,
Organization for its official use In I-Joiig Kong ol- for expor-





tation, or oil the importation of any publications of the
Organization direcily 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.

6. The Organization shall have exemption from, pro-
hibitions and restrictions on importation or exportation in
the case of goods directly imported or exported by the
Organization for its official use and in the case of any
publication of the Organization directly imported or exported
by it.

7. The Or~-anizatioii shall have the right to avail
itself, for telegraphic communications sent by it and con-
taining only matter intended for publication by the press or
for broadcasting (including communications addressed to or
despatched from places outside Hong Kong) of any reduced
rates applicable for the corresponding service in the case of
press telegrams.

B. 1?eprese,titaiii~es of Alembers.

8. (1) Except in so far as in any particular case any
privilege or immunity is waived by the member govern-
ments whorn [fie,,,, represent, representatives of rnernber
governments to the
Council of the Organization shall
enjoy-
(a)while exercising their functions as such, and during
their journey to and from the place of meeting,
inIMUllity fl-0111 personal arrest or detention and
from seizure of (heir personal baggage )rid
inviolability for all papers and documents;
(b) immunity frorn legal process of every kind in
respect of words spoken oi- written and all, acts done
l) \r theni ill their capacit i \7 as
(c) exercising their functions and during their
journey to and from the place of meeting, the like
exemption or relief from taxes as is accorded to in
envoy of a foreign sovereign power accredited to
Ilis ','xlaj*estv, save that the relief allowed shall riot
include relief frorn custonns and excise duties except
in respect of goods imported as part of their
personal baggage. They shall riot, where the





incidence of any form of taxation depends upon
residence, be deemed to be resident 'In llong l~-1011cr
during any period when they are present in Hong
Kong whilst exercising their functions or during
their journey to and from the place of meeting.
The provisions of this paragraph shall not apply
to British subjects usual place of abode is in
Hong Kong.

(2) For the purpose of the application of this Order,
the expression 'representatives of member governments'
shall be deemed to include their official staffs, accompanying
them as such representatives, as delegates, deputy delegates,
advisers, technical experts or secretAries of delegations.

(3) The provisions of the preceding paragraphs of this
Article shall not confer any immunity or privilege upon any
person as the representative of His i~laj't~st),'s Go~ci-iiiiient
in Hong Kong or as a nierriber of the staff of such a.
representative, or any person who is a British subject and
who is not thee representative of a Government of Ilis
Allajest.y other than His Majesty's Governnient in Hong
Kong or the inernber of the staff of and accompanying anY
such representative.

C. High Officials.

9. Except in so far as in any particular case any
privilege or immunity is waived by !lie Organization, the
Secretary-General or the Deputy Secretary-General of the
Organization and the President of the Council of' the
Organization shail be accorded in respect of themselves,
their spouses and children under the age. of twerity-one, the
like immunity from suit and legal process, the like in-
violability of residence and the like exemption o~'i-elief from
taxes as is accorded to an envoy of a foreign sovereign
power accredited to [lis 1Majesty, his spouse and children,
including exemption from income tax in respect of emolu-
ments. received by them as officers of the Organization.

D. Persons Serving on Committees of or Erri,ployed on
Alfissi(ns on, behalf of the Organizatiov.

10. Except in so far as in any particular case any
privilege or immunity is waived by the Organiz-ttion, persons





(other than officials of the Organization) serving on corn-
mittees of, or employed on missions on behalf of the
Organization shall enjoy-
(a) .~,Iiile exercising their functions as such, and during
tt,
their journey to and from the place of meeting,
immunity from personal arrest or detention and
from scizure. of their personal baggage and
inviolability of all papers and documents relating
to the work of the Organization ;
(b)immunity from legal process of every kind in
respect of words spoken or written and -ill acts done
by thein ]n the exercise of these Functions. Such
immunity shall continue notwithstanding that the.
pei-sons concerned are, no longer employed on
missions on behalf of the Organization.

El. 01her Ofitcials of the 0,rgani.~aiion.

11. Except in so far as in any particular case any
privilege or ii-iiiiitiiiit~, is waived by the Organization,
officials of the Organ17ation (other than those referred to in
Article 9 above or officials engaged locally and remunerated
by payrnent calculated on the nurnber of hours worked) shall
enjos - --
(a) inii-nunity froni suit and lc-al process in respect of
h
words spoken or written and all acts done by them
in the. coul'se of the performance of their official
duties; and
(b)exemption frorn. income tax in respect of emolu-
illents received by them as officers or servants of the
orga 11 iza 11011.

The Governor declares and provides and it is hereby
declared and provided as follows-

THE WORLD HEALTH ORGANIZATION.

A. The Orgai?.lzatioii.

1. The World Health Organization is an organization
to ~xliicli [lie Diplomatic Privileges Ordinance shall apply.





2. The World Health Organization shall have the
legal capacities of a hod ' V corporate and, except in so far as
in any particular casc it has expressly waived its immunity,
immunity from sult and ]c-al process. No waiver of
immunity shall be deemed to extend to any measure of
execution.

3. The World Health Organization shall have the like
inviolability of official archives and premises occupied as
offices as is accorded in respect of official archives and
premises of an envoy of a foreign sovereign power accredited
to His 1Majesty.

4. The 'YVorld Health Organization shall have the like
exemption or relief from taxes and rates, other than taxes on
the importation of goods, as is accorded to a foreign
sovereign power.

5. The World Health Organization shall Imve exernp-
tion from taxes on the importation of goods directls
imported by the Organization for its official use in Hong
Kong or for exportation, or on the importation of an.\,
publications of the Organization directly imported by it,
such exemption to he subject to compliance with such condi-
tions as the Directoi - of Commerce and Industry iiii~
prescribe for the protection of the revenue.

6. The World Health Organization shall have exenip-
tion from prohibitions and restrictions on importation or
exportation in the case of goods directly imported or exported
by the Organization for its official use and in the case of ally
publications of the Organization directly imported or
exported by, it.

7. The World Plealth Oiganization shall the
right to avail itself, for telegraph,ic 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 Hong
Kong) of 'any reduced rates applicable for the correspond
ing service in the case of press telegrams.





B. Representatives of Members and of the Executive Board
of the World Health Organization.
6

8. (1) Except in so far as in any particular case any
privilege or immunity is waived, in the case of representa-
tives of member Governments, by the member Governments
whom tlic.5~ represent, and in the case of persons designated
to serve on the EXCCUti\,e Board of the World Health
Organization and their alternates and advisers, by the
Exf-cutive Board, representatives of mernber Governments
and persons desigwited to serve on the Executive Board
of the Organization and their alternates and advisers shall
enjoy,-
(a)while exercising their functions as such, and
during their journey to and from the place of rneet-
ing, immunity from personal arrest or detention and
from seizure of their personal baggage and
inviolability of all papers and documents;
(b)immunity from legn] process of every kind in
respect of words spoken or written and all acts
done by, thern in their capacity as representatives;
(c)while exercising their functions and during their
journcy to and from the place of meeting, the like
exemption or relief from taxes as is accorded to an
envoy of a foreign power accredited to His Majesty,
save that the relief allowed shall not include relief
from customs and excise duties except in respect of
0100ds imported as part of their personal baggage.
They shall not, where the incidence of any form of
taxation depends upon residence, be deemed to be
resident in Hong Kong during any period when
they are present in Hong Kong whilst exercising
tlicii. functions or during their journey to and from
the place of meeting. The provisions of this para-
graph sliall not apply to British subjects whose
usual place of abode is in Hong Kong.

(2) For the purposes of the application of this Order,
the expression 'representatives of member governments'
shall be deemed to include their official staffs, accompanying
them as such representatives, as delegates, deputy, delegates,
advisers, technical experts or secretaries of delegations.

(3) The provisions of thp. preceding paragraphs of this
Article shall not confer any immunity or privilege upon any,





person as the representative of His NLliesty's Government
in Hong Kong or as a mcri-iber of the stall ol: such a repre-
sentative or any person who is a British subject and who
is not the representative of a Government of His Majesty
other than His Majesty's Government ill Hong Kong ol- a
member of the staff of and accompanying such
representative.

C. High 0.fficials.,

9. Except in so far as ill ally particular case any
privilege or immunity is waived by the World Health
Organization, officers of the Organization holding the offices
of Director-General or Deputy Direetor-General shAl be
accorded in respect of themselves, their spouses and children
,under the age of twenty-one, the like in-iinunity froin stilt
and legal process, the like inviolability of residence and tile
like exemption or relief from taxes as is accorded to .ill Clivo.\
of a foreign sovereign power accredited to His his
j
spouse and children, and they shall also enjoy exeniption
frorn income tax in respect of emoluments received by thein
as officers of the World Health Organization.

1). Persons Serving on Committees of or Employed on
Alissions on behalj of the Orgaiilzatiolib.

10. Except in so far as in any particular case any
privilege or immunity is waived by the World Health
Organization, persons (other than officials of the Organiza-
tion) serving on committees of, ol- employed on missions
on behalf of the Organization shall enjoy--- -
(a)while exercising their functions as such, and dui-iii(r
their journey to and from the place of rneetinol
immunity from personal arrest ol- detention and
from seizure of their person*lal baggage an(l
inviolability of all papers and (locuments relating to
the work of the Organization ;
(b)immunity from legal process of every kind in
respect of words spoken or written and all acts done
by theiri in the exercise of their functions. Such
immunity shall continue notwithstanding that the
person concerned is no longer employed on missions
on behalf of the Organization.





E. Other Ofilcials of lite Or,-ti~i12~itioit.

11. Except in so far as in any partictilar case any
privilege or iiiiiiii,iiiity is waived by the Organization, all
officials of the World Health Organization, (other than
those referred to in Article 9 above or officials engaged
locally mid remunerated by payment c-AcijIated on the
miniber of hours worked) shall enjoy-
(a)iinnitinity from suit and legal process in respect of
words spoken or written and all acts done by them
in the cotil-se of the perfornla lice of their official
duties;
(1)) exemptionfroin income tax in i-cslect of eniolu-
nients received by thern as officers and servants of
the Flealtb Organization.

The Governor declares and provides and it is hereby
d.eclared and provided as follows-

THE F001) AND AGRICULTURE ORGANIZATION.

A. The Organizatioil..

1. Th c Food and Agriculture Organization (hereinafter
referred to as the Organization) is an organization to which
the Diplomatic Privileges Ordinance shall apply.

2. The Organization shall have the legal capacities of
a body corporate and, except in solfar as in any particular
case it has 'expressly waived its immunity, immunity from
sult and legal process. No w,,.xivei. of ininitinity shall be
deemed to extend to any rneasure of execution.

3. The Organization shall have the like inviolability of
official archives and premises occupied as offices is is
accorded in respect of official archives and preinises of an
envoy of a foreign sovereign. power accredited to Flis
Majesty.

4. The Organization shall have the like exemption or
relief from taxes and rates, other than taxes on the importa-
tion of goods, as is accorded to a foreign sovereign power.





5. The Organization shall have exemption from taxes
on the importation of goods directly imported by the
Organization for its official use in Hong Kon- or for exporta-
tion, or on the importation of any of the 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.

6. The orgall izat loll shall have exemption from pro-
hibitions and restrictions on the importation or exportation
ill 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.

7. The Organization shall have the right to avail itself,
for telegraphic communications sent by it and containing
only matter intended for publication by the press or for
broadcasting (inC]Lldllll)- con-lmunications addressed to or
despatched froin places outside Hong 1'..ori,,), of any rCdLICC.QJ
iates applicable for the corresponding service in the case of
press telegrams.

B. Pxepresenhill~t,es of Aleinbers : Chairman of /he
Council of the Org(inizatt'olil,.

8.. (1) Except in so far as any privilege or immunity
is waived, in the case of representatives of member govern-
rnents, by the Governments whom they represent and, in
the case of the Chairman of the Council of the Organization,
by the Council of the Food and A-riculture Organization,
representatives of member governments, and the Chairman
of the Organization ' shall enjoy-
(a)while exercising their functions as such, and
during. their journey to and from the. place. of
meeting,, inirminity frorn Personal arrest ol- deter-
tion in(! from seizure of their personal baggage
and inviolability for all papers and documents;
(b)immunity from legal process of every kind ill
respect of words spoken or written and all acts done
by them in their capacity as representatives;
(c)while exercising their functions and during their
journey to and from the place of meeting, the like





exemption (r relief from taxes as is accorded to an envoy of a
foreign sovereign power accredited to His lklaiesty, save
that the relief allowed shall not include relief frorn customs
and excise duties except in respect of goods imported as part
of their personal baggage. They shall not, where the
incidence of any, forin of taxation depends upon residence,
be deemed to be resident in Hong Kong ditring any period
when they are present in Flong Kon(y \Vliilst exercising their
functions and during thell. journey to and from the place of
meeting. The provisions of this paragraph shall not apply to
British subjects whose usual place of abode is in Hong
Kong.

(2) For the purpose of the application of this Order, tile expression
'representatives of member governments' shall be deemed to include
their official staffs accompanying them -IS Such representatives, a s
delegates, deputy delegates, advisers, technical experts or secretaries
of delecratiolls.

(3) The provision of the preceding paragraph of this
Article shall not confer any imi-nunitv or privilege upon
-111v person as the re(resentative of His Majesty's Govern-
nient in Hong Kong or as a member of the staff of such
a representative, ol. any person who is a British subject and
who is not the representative of a Government of His
i~,1,tj~sty other than His Majesty's Government in Hong
ling ,in),,

Kong or a menibei. of the staff of and accompany' such
representative.

. C. High Officials.

9. Except in so far as in any particular case any privilege ol- imi-
nunity. is waived by the Organization, officers Of the Organization
holding the offices of Director-General and Deptity Director-Gene ral
shall be accorded in respect of themselves, their spouses and children
under the age of twenty-one, the 11ke immunity from suit and legal
process, the like inviolability of residence and the iike exemption or
relief from taxes as is accorded to an envoy of a foreign sovereign
power accredited to his Majesty, his spouse and





children, including exemption from income tax in respect
of emoluments received by (Item as officers of the
Organization.

D. Persons Employed on Afissions on behalf of the
Organization.

10. Except in so far as in any particular case
privilege or immunity is waived by the OrIganization,
persons (other than officials of the Organization) servility 011
Committees of, or on behalf of the Organization shall
enjoy-
(a)while exercising their functions as such, and during
their journey to and from the place of meeting,
i.mmunity from personal ariest ol- detention and
from seizure of their personal baggage and in-
violability of all papers and documents relLtiiig to
the work of the Organization ;
(b)immunity frorn legal process of every kind in
respect of words spoken or written and all acts done
by them in the exercise of their functions. Such
immunity shall continue notwithstandin- that the
persons concerned are no longer employed on
missions on behalf of the Organization.

E. Other Officials of the Organization.

11. Except in so far as in any particular case in),
privilege or immunity is waived by the Organization, all
officials of the Organization (other than those referred to in
Article 9 above or officials engaged locally and remunerated
by payment calculated on the number of hours worked) shall
enjoy-
(a)immunity from suit and legal process in respect of
words spoken or written 'and all acts done by them
in the course of the performance of their official
duties ;
(b)exemption from income tax in respect of emolu-
ments received by them as officers or servants of
the Organization.





The Governor declares and provides and it is hereby
declared and provided as follows-

THE UNITED NATIONS EDUCATIONAL,
SCIENTIFIC AND CULTURAL ORGANIZATION-

A. The Organization.

1. The United Nations Educational, Scientilic and
Cultural Organization (hereinafter referred to is the
Organization) is an organization to which the Diplomatic
Privileges Ordinance shall apply.

2. The Organization shall have the legal capacities of
a body corporate and, except in so far as in any particular
case it has expressly waived its imint.inity, immunity from
suit and legal process. No waiver of immunity shall be
deemed to extend to any measure of execution.

3. The Oro-anization shall have the like inviolability
of official archives and premises occupied as offices as is
accorded in respect of official archives and premises of an
envoy of a foreign sovereign power accredited to His
Majesty.

4. The Organization shall have the like exemption or
relief frorn taxes and rates, other than taxes on the importa-
tion of goods, as is accorded to a foreign sovereign power.

5. The Organization shall have exemption from taxes
on the importation of goods directly imported by the
Or-anization for its official use in Hong Kong or for
exportation, or on the importation of any of the publications
of the Organization directly irnported 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.

6. The Organization shall have exemption from
prohibitions and restrictions on the importation or exporta-
tion in the case of goods directly imported or exported by
the Organization for its official Lise and in the case of an\,
publications of the Organization directly imported or
exported by it.





7. The Organization shall have the right to avail it-
self, for telegraphic communications sent by it and con-
taining only matter intended for publication by the press
or for broadcasting (including communications addressed
to or despatched from places outside Hong Kong), of any
reduced rates applicable for the corresponding service in tli'e
case of press telegrams.

B. l~epresen,t(it]7,es of iWembers : The Presidevi. of Ihe
Coiz,fer,2?7ce : Alembers of Ihe E.vectiti'-,,e Board of Ihe
0,rgti?ili'zti[I0?b.

8. (1) Except in so far as any privilege or immunity
is waived, in the case of representatives of member govern-
merits, by the Governments whom they represent; in the
case of the President of the Conference, by the Organiza-
tion ; and in the case of rilembers of the Executive Board,
by the Executive Board of the Organization.; representa-
tives of. member governments, the President of the Con-
ference of the Organization, and members of the Executive
Board of the Organization shall enjoy-
(a)while exercising their functions as such, and during
their journey to and from the place of meeting,
immunity from personal arrest or detention and
from seizure of their personal baggage and in-
violability for all papers and documents;
(b)immunity from legal process of every kind in
respect of words spoken or written and all acts done
by them in their capacity as representatives;
(c)while exercising their functions and during their
journey to and from the place of meeting, the like
exemption or relief from taxes as is accorded to an
envoy of a foreign sovereign power accredited to
His Majesty, save that the relief allowed shall riot
include relief from customs and excise duties except
in respect of goods imported as part of their per-
sonal baggage. They shall riot, where the
incidence of any forin of taxation depends upon
residence, be deemed to be resident in Hong Kong
durin- any period when they are present in Hong
Kong whilst exercising their func(ions and during
their journey to and from the place of meeting. The
provisions of this paragraph shall not apply to





British subjects whose usual place of abode is in
Hong Kong.

(2) For the purpose of the application of this Order,
the expression 'representatives of member governments'
shall be deemed to include their official staffs accompanying
thern as such representatives, as delegates, deputy delegates,
advisers, technical experts or secretaries of delegations.

(3) The provisions of the preceding paragraphs of this
Article shall not confer any immunity or privilege upon any
person as the representative of His Majesty's Government
in Hong Kong or as a member of the staff of such a repre-
sentative, or any person who is a British subject and who
is not the representative of a Government of His Majesty
other than His Majesty's Government in Hong Kong or a
member of the staff of and 'accompanying any such repre-
sentative.

C. High Officials.

9. Except in so far as in any particular case any pri-
vilege ot- ininitinity is waived by the Organization, officers
of the Organization holding the offices of Secretary General
and Deputy Secretary General shall bc accorded in respect
of themselves, their Spouses and children under the age of
twenty-one, the like immunity from suit and legal process,
the, like inviolability of resid~nce and the like exemption or
relief from taxes as is accorded to an envoy of a foreign
sovereign power accredited to His Majesty, his spouse and
children, including exemption from income tax in respect of
emoluments received by them as officers of the Organiza-
tion.

D. Persons Employed on Missions on behalf of the
0,rganization.

10. Except in so far as in any particular case any
privilege or immunity is waived ~y the Organization,
persons employed on missions on behalf of the Organiza-
tion shall enjoy-
(a)while exercising their functions as such, and during
their journey to and from the place of meeting,
immunity from personal arrest or detention and





from seizure of their personal baggage and
inviolability of all papers and documents relating
to the work of the Organization;
(b)immunity from legal process of every kind in
respect of words spoken or written and all acts done
by thern in the exercise of their functions. Such
immunity shall continue notwithstanding that the
persons concerned are rl(,) longer employed on
missions on behalf of the Organization.

E. Other Officials of the Org(t7zlz6il,10)1.

11. Except in so far as in any particular case any
privilege or immunity is waived by the Organization, all
officials of the Organization (other than those referred to in
Article 9 above or officials engaged local]), and remunerated
by payment calculated on the number of hours worked) shall
enjoy-
(a)immunity from stilt and legal process in respect of
words spoken ol- written and all acts (lone by tlieni
in the course of the performance of their official
duties;
(b)exemption from income tax in respect of emolu-
merits received by them as officers ol- servants of
the Organization.

The Governor declares and provides and it is hereby
declared and provided as follows-

THE INTERNATIONAL REFUGEE
ORGANIZATION.

A. The Orgttitl--atioib.

1. The Internatiowil Reftigee Organization (hereafter
b
referred to as the Organization) is an organization to which
the Diplomatic Privileges Ordinance shall apply.

2. The Organization shall have the legal capacities of
a body corporate and, except in so far as in in), particular





case it has expressly waived its irrimunity, immunity from
suit and legal process. No waiver of immunity shall be
deemed to extend to any measure of execution.

3. The Organization sliall have the like inviolability of
official archives and premises occupied as offices as is
accorded in respect of official archives and premises of an
envoy of a foreign sovereign power accredited to His
Majesty.

4. The Organization shall have the like exemption or
relief from taxes and rates, other than taxes on the importa-
tion of goods, as is accorded to a foreign sovereign power.

5. The Organization shall have exemption from taxes
on the importation of goods directly imported by, the
Organization for its official use. in Hong Kong or for exporta-
tion, or on the importation of any publications of the
Organization directly. imported by it, such exemption to be
subject to cornp.11ance with such conditions as the Director
of Commerce and Industry may prescribe for the protection
of the revenue.

6. The Organization shall have exemption from pro-
hibitions and restrictions on importation or exportation in the
case of goods directly imported or exported by the Organiza-
tion for its official use and in the case of any publication of
the Organization directly imported or exported by it.

7. The Organization shall have 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 Hong Kong) of any reduced
rates applicable for the corresponding service in the case of
press telegrams.

B. Representatl,,,es of Alevibers.

8. (1) Except in so far as in any particular case any
privilege or immunity is waived by the member govern-





merits whom they represent, representatives of ineniber
governments to the Council of the Organization shall
enjoy-
(a)while exercising their functions as such, and during
their journey to and from the place of rneeting,
immunity from personal arrest or detention and
from seizure of their personal baggage and
inviolability for all papers and documents;
(b)immunity from legal process of every kind in
respect of words spoken or written and all acts done
by thern in their capacity as representatives;
(c)while exercising their functions and dui-ing their
journey to and from the place of meeting, the like
exemption or relief frorn taxes as is accorded to an
envoy of a foreign sovereign power accredited to
His Majesty, save that the relief allowed, shall not
include relief from customs and excise duties except
in respect of goods imported as part of their personal
baggage. They shall not, where the incidence of
any form of taxation depends upon residence, be
deemed to be resident in Hong Kong during any
period when they are present in Llong Kon- whilst
exercising their functions or during their journey
to and from the place of meeting. The provisions
of this paragraph shall not apply to British subjects
whose usual place of abode is in Hong Keng.

(2) For the purpose of the application of this Order,
the expression 'representatives of member governirients-
shall be deemed to include their official staffs, 'accompanying
them as such representatives, as delegates, deputy delegates,
advisers, technical experts or secretaries of delegations.

(3) The provision., of the preceding paragraphs of this
Article shall not confer any immunity or privilege upon
any person as the representative of His Majesty's Govern-
ment in Hong Kong or as a member of the staff of such a
representative, or any person who is a British subject and
who is not the representative of a Government of His
Majesty 'other than His Majesty's Government in Hong
Kong or the member of the staff of and accompanying ,.in),
such representative.





C. High Offlicials.

9. Except in so far as in any particular case any
privilege or immunity is waived by the Organization, the
Director-General or the Deputy Director-General of the
Organization shall be accorded in respect of themselves,
iheir spouses and children under the age of twenty-one, the
h
like immunity from suit and legal process, the like inviola-
bility of residence and the like exemption or relief from
taxes, as is accorded to ail envoy of a foreign sovereign
power accredited to His Majesty, his spouse and children,
including exemption from income tax in respect of emolu-
inents received by them as officers of the Organization.

D. Persons Employed on Alissions on behalf
of the 0,rgani,-atioi?..

10. Except in so far as in any particular case any
privilege or immunity is waived by the Organization,
persons employed on missions on behalf of the Organization
shall enjoy-
(a)while exercising their functions as such, and durin.g
their journey to and from the place of meeting,
immunity from personal arrest or detention and
from seizure of their personal baggage and inviola-
bility of all papers and documents relating to the
work of the Organization ;
(b)immunity from legal process of every kind in
respect of words spoken or written and all acts
done by them in the exercise of these functions.
SLICII immunity shall continue notwithstanding
that the persons concerned are no longer employed
on missions on behalf of the Organization.

E. Other Officials of the Organization.

11. Except in so far as in any partic ular case any
privilege or immunity is waived by the Organization,
officials of the Organization (other than those referred to
in Article o above or officials engaged locally and
remunerated by payment calculated on the number of hours
worked) shall enjoy-





(a)immunity from suit and legal process in respect of
words spoken or written and all acts done by thern
in the course of the performance of their official
duties; and
(b)exemption from income tax in respect of emolu-
ments received by them as officers or servants of
the Organization.

CHAPTER 191.

(Ordinance No. 47 Of 1949).

REPRESENTATION OF FOREIGN POWERS
(CONTROL).

No subst'diary legislation.

CHAPTER 192.
(Ordinance NO. 47 Of 1948).
TRADE COMMISSIONERS PRIVILEGES.
No subsidiary legislation.

CHAPTER 193.
(Ordinance No. i of 1863).
ADMIRALTY (VESTING OF PROPERTY).
No subsidiary legislation.
G.N.A. 286/48. [19th November, 1948.] (Cap. 190.) See Circ. 28th April, 1948. [article 15 cont.] G.N.A. 100/50. [19th May 1950]. (Cap 190.) [article 8 cont.] [article 11 cont.] G.N.A. 102/50. [19 th May, 1950]. (Cap. 190.) [article 8 cont.] G.N.A. 104/50. [19th May, 1950]. (Cap. 190.) [article 8 cont.] G.N.A. 106/50. [19th May, 1950.] (Cap. 190.) [article 9 cont.] G.N.A. 108/50. [19th May, 1950]. (Cap. 190.) [article 10 cont.] G.N.A. 110/50. [19th May, 1950]. (Cap. 190.} [article 8 cont.] [article 11 cont.]

G.N.A. 286/48. [19th November, 1948.] (Cap. 190.) See Circ. 28th April, 1948. [article 15 cont.] G.N.A. 100/50. [19th May 1950]. (Cap 190.) [article 8 cont.] [article 11 cont.] G.N.A. 102/50. [19 th May, 1950]. (Cap. 190.) [article 8 cont.] G.N.A. 104/50. [19th May, 1950]. (Cap. 190.) [article 8 cont.] G.N.A. 106/50. [19th May, 1950.] (Cap. 190.) [article 9 cont.] G.N.A. 108/50. [19th May, 1950]. (Cap. 190.) [article 10 cont.] G.N.A. 110/50. [19th May, 1950]. (Cap. 190.} [article 8 cont.] [article 11 cont.]

https://oelawhk.lib.hku.hk/items/show/2006

1950

V10

190

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