THE FOOD AND AGRICULTURE ORGANIZATION

THE FOOD AND AGRICULTURE ORGANIZATION

SUBSIDIARY LEGISLATION.

AND AGRICULTURE ORGANIZATION.

(Cap. 190, section 2).

[19th May, 1950.1

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

A. THE ORGANIZTION.

1. The 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 so far as in any particular case it has expressly
waived its immunity, immunity from suit and legal process. No waiver of
immunity shall be deemed to extend to any measure of execution.

3. The 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 Her Majesty.

4. The 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 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 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 condition 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 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.



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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 dispatched from places outside Hong
Kong), of any reduced rates applicable for the corresponding service in
the case of press telegrams.





B. REPRESENTATIVES OF MEMBERS: CHAIRMAN OF THE
COUNCIL OF THE ORGANIZATION.

8. (1) Except in so far as any privilege or immunity is waived, in the
case of representatives of member governments, 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 Agriculture
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, 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 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 Her 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 Hong Kong
whilst exercising their functions and during their journey to
and from the place of meeting. The provisions of this
paragraph

1 of
shall not apply to 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 them as such representatives, as
delegates, deputy delegates, advisers, technical experts or secretaries of
delegations.

(3) The provision of the preceding paragraph of this Article shall
not confer any immunity or privilege upon any person as the
representative of Her Majesty's Government 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 Her
Majesty other than Her Majesty's Government in Hong Kong or a
member 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 the Organization, officers of the Organization
holding the offices of Director-General and Deputy





Director-General shall be accorded in respect of themselves, their
spouses and children under the age of twenty-one, the like im-
munity from suit and legal process, the like inviolability of
residence and the like exemption or relief from taxes as is accorded
to an envoy of a foreign sovereign power accredited to Her
Majesty, his spouse and children, including exemption from income
tax in respect of emoluments received by them as officers of the
Organization.

D. PERSONS EMPLOYED ON MISSIONS ON BEHALF OF THE
ORGANIZATIONS.

10. Except in so far as in any particular case any privilege
or immunity is waived by the Organization, persons (other than
officials of the Organization) serving on 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, 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 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 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 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 emoluments
received by them as officers or servants of the Organiza-
tion.
G.N.A. 106/50. (Cap. 190.)

G.N.A. 106/50. (Cap. 190.)

https://oelawhk.lib.hku.hk/items/show/2802

1964

v13

190

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