INTERNATIONAL ORGANIZATIONS AND DIPLOMATIC PRIVILEGES ORDINANCE

INTERNATIONAL ORGANIZATIONS AND DIPLOMATIC PRIVILEGES ORDINANCE

LAWS OF HONG KONG

INTERNATIONAL ORGANIZATIONS AND

DIPLOMATIC PRIVILEGES ORDINANCE

CHAPTER 190





CHAPTER 190

INTERNATIONAL ORGANIZATIONS AND
DIPLOMATIC PRIVILEGES

To make provision as to privileges, immunities and facilities to be
accorded in respect of certain international organizations and in
respect of persons connected with such organizations and other
persons; to apply to Hong Kong the law for the time being in force
in England relating to immunities and privileges as to the person,
property or servants of sovereigns, diplomatic agents or the
representatives of sovereign powers; and for matters connected
therewith and incidental thereto.

(Replaced, 64 of 1977, s. 2)

[29th October, 1948.1

1. This Ordinance may be cited as the International Organizations
and Diplomatic Privileges Ordinance.

(Amended, 64 of 1977, s. 3)

2. (1) The Governor may, by notification in the Gazette, declare that
this section shall apply to any organization specified in the notification
of which the Government or Governments of one or more sovereign
powers are members and of which the Government of Hong Kong or of
the United Kingdom is a member or an associate member, and may in like
manner--- (Amended, 64 of 1977, s. 4)

(a)provide that any organization to which this section applies
(hereinafter referred to as the organization) shall, to such
extent as may be specified in the notification, have the
immunities and privileges set out in Part I of the First Schedule,
and shall also have the legal capacities of a body corporate;

(b) confer upon-

(i) any persons who are representatives (whether of
governments or not) on any organ of the organization or are
members of any committee of the organization or of an organ
thereof;

(ii) such number of officers of the organization as may be
specified in the notification, being holders of such high offices
in the organization as may be so specified; and

(iii) such persons employed on missions on behalf of the
organization as may be so specified,

to such extent as may be specified in the notification, the
immunities and privileges set out in Part II of the First
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 First Schedule,
and Part IV of the First Schedule shall have effect for the purpose
of extending to the staffs of such representatives and members as
are mentioned in paragraph (b)(i) and to the families of officers of
the organization any immunities and privileges conferred on the
representatives, members or officers under that paragraph, except in
so far as the operation of Part IV is excluded by the notification
conferring the immunities and privileges:

Provided that the notification shall be so framed as to secure
that there are not conferred on any person any immunities or
privileges greater in extent than those which, at the time of publica-
tion of the notification, are required to be conferred on that person
in order to give effect to any international agreement in that behalf.
(Replaced, 3 of 1951, s. 2. Amended, 18 of 1970, s. 3)

(2) Where any question arises whether or not any person is
entitled to any privilege or immunity conferred on any person by
a notification under subsection (1), a certificate issued by the Chief
Secretary stating any fact relating to the question shall be conclusive
evidence of the fact. (Replaced, 56 of 1967, s. 2)

3. (1) Where a conference is held in the Colony and is
attended by the representatives of Her 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 time
being included in the list shall, for the purposes of any enactment
and rule of law or custom relating to the immunities of an envoy
of a foreign power accredited to Her 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 (1)
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 conference 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. (1) The Governor may, by notification in the Gazette, confer on
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 convention approved by, the General Assembly of the
United Nations.

(2) In this section, the expression 'the International Courtmeans
the International Court of Justice set up under the Charter of the United
Nations.

(Replaced, 3 of 1951, s. 3)

5. Nothing in the foregoing provisions shall be construed 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 corresponding immunities or privileges to British
nationals or representatives.

6. Notwithstanding any provision to the contrary contained 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.

7. (1) The Governor may, by notification in the Gazette, confer upon
any person who satisfies him that he is

(a) a senior officer of the Commonwealth Secre(b) a citizen of a country mentioned in section 1(3) of the
(c) permanently resident outside Hong Kong,

and upon any member of his family, the immunities and privileges
specified in Part 1 of the Second Schedule.

(2) The Governor may, by notification in the Gazette, confer upon
any person who satisfies him that he is





(a)an officer or servant of the Commonwealth Secretariat other
than a senior officer; and

(b)a citizen of a country mentioned in section 1(3) of the British
Nationality Act 1948,

the immunities and privileges specified in Part 11 of the Second
Schedule.

(3) Any immunity or privilege conferred by the Governor on any
person by notification in the Gazette under subsection (1) or (2) may be
waived by the Secretary-General of the Commonwealth Secretariat or by
any person for the time being exercising his functions.

(4) Where any question arises whether or not a person is entitled to
any immunity or privilege conferred by the Governor on any person by
notification in the Gazette under subsection (1) or (2), a certificate
issued by the Chief Secretary stating any fact relating to the question
shall be conclusive evidence of the fact.

(5) For the purposes of this section-

(a)---theCommonwealth Secretariat' means the Commonwealth
Secretariat established at the Commonwealth Prime Ministers'
Meeting of June 1965; and

(b) senior officer-, in relation to the Commonwealth Secretariat,
means any officer of the Secretariat recognized by a Secretary
of State as being a senior officer of the Secretariat. (Added, 18
of 1970, s. 4)

FIRST SCHEDULE [s. 2.1

PART 1

IMMUNITES 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 Her 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
Trade, Industry and Custor may prescribe for the protection of the revenue.

5. Exemption 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 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 dispatched 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 REPRESENTATIVES, MEMBERS
OF COMMITTEES, HIGH OFFICERS AND
PERSONS ON MISSIONS (Replaced, 3 of 1951, s. 4)

1. The like immunity from suit and legal process as is accorded in England to
an envoy of a foreign sovereign power accredited to Her 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 OF 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.

PARTIV

IMMUNITIES AND PRIVILEGES OF OFFICIAL STAFFS AND OF HIGH
OFFICERS' FAMILIES (Replaced, 3 of 1951, s. 4)

1. Where any person is entitled to any such immunities and privileges as are
mentioned in Part 11 as a representative on any organ of the organization or a
member of any committee of the organization or of an organ thereof, his official
staff accompanying him as such a representative or member 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 Her Majesty is entitled in England to the
immunities and privileges accorded to the envoy. (Amended, 3 of 1951, s. 4)

2. Where any person is entitled to any such immunities and privileges as are
mentioned in Part 11 as an officer of the 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 accredited to Her Majesty are entitled in
England to the immunities and privileges accorded to the envoy.

SECOND SCHEDULE [s. 7.]

PART I

IMMUNITIES AND PRIVILEGES OF SENIOR
OFFICERS
OF THE COMMONWEALTH SECRETARIAT

1. Every senior officer of the Commonwealth Secretariat and any member of
his family forming part of his household, other than a member who is a citizen only
of the United Kingdom and Colonies shall, if permanently resident outside Hong
Kong, have the like privileges and immunities as are accorded by law in the United
Kingdom to a diplomatic agent and the members of his family forming part of his
household, except that any such person shall not be exempt from liability for
salaries tax in respect of any salary or emoluments payable to him by the
Secretariat.

2. Every senior officer of the Commonwealth Secretariat and any member of
his family forming part of his household, other than a member who is a citizen
only of the United Kingdom and Colonies, shall be exempt from all duties and
charges payable under the Road Traffic Ordinance and the Motor Vehicles (First






Registration Tax) Ordinance.





PART II

IMMUNITIES AND PRIVILEGES OF OFFICERS AND SERVANTS OF THE
COMMONWEALTH SECRETARIAT OTHER THAN SENIOR OFFICERS

1. Every officer and servant of the Commonwealth Secretariat other than
a senior officer shall have-
(a)immunity from suit and legal process in respect of acts or omissions
of his in the course of the performance of official duties, except im-
munity from suit and legal process in respect of a civil action for
damage alleged to have been caused by a motor vehicle belonging to
or driven by him, or in respect of a motor traffic offence involving
such a vehicle; and
(b)the like inviolability for all his official papers and documents as is
accorded by law in the United Kingdom to the diplomatic agent of
a sending State.

2. Every officer and servant of the Commonwealth Secretariat other than
a senior officer shall, if ordinarily resident outside Hong Kong immediately
before taking up his post with the Secretariat, be exempt from-
(a)duties on the importation, on the occasion of his first taking up that
post, of personal household effects; and
(b)all duties and charges payable under the Road Traffic Ordinance and
the Motor Vehicles (First Registration Tax) Ordinance.
(Second Schedule added, 18 of 1970, s. 5)
Originally 56 of 1948. (Cap. 190, 1950.) 3 of 1951. 56 of 1967. 18 of 1970. 64 of 1977. Short title. Privileges, immunities and capacities of certain international organizations and their staffs. First Schedule. Diplomatic immunities of representative attending international conferences. Immunities and privileges of judges of and suitors to, the International Court of Justice. Reciprocal treatment. Law of Colony relating to privileges of sovereigns and others assimilated to the law of England. Immunities and privileges of officers of the Commonwealth Secretariat. (1948, c. 56) Second Schedule. (Cap. 220.) (Cap. 330) (Cap. 220.) (Cap. 330)

Originally 56 of 1948. (Cap. 190, 1950.) 3 of 1951. 56 of 1967. 18 of 1970. 64 of 1977. Short title. Privileges, immunities and capacities of certain international organizations and their staffs. First Schedule. Diplomatic immunities of representative attending international conferences. Immunities and privileges of judges of and suitors to, the International Court of Justice. Reciprocal treatment. Law of Colony relating to privileges of sovereigns and others assimilated to the law of England. Immunities and privileges of officers of the Commonwealth Secretariat. (1948, c. 56) Second Schedule. (Cap. 220.) (Cap. 330) (Cap. 220.) (Cap. 330)

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