THE INTER-GOVERNMENTAL MARITIME CONSULTATIVE ORGANIZATION

THE INTER-GOVERNMENTAL MARITIME CONSULTATIVE ORGANIZATION

THE TER-GOVERNMENTAL MARITIME
CONSULTATIVE ORGANIZATION

(Cap. 190, section 2).

[23rd December, 1960.1

His Excellency the Governor hereby declares and provides as
follows

PART I.

THE ORGANIZATION.

1. The Inter-governmental Maritime Consultative Organization
(hereinafter referred to as the Organization) is an organization to which
the Diplomatic Privileges Ordinance applies.

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
the 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 publications of the Organization directly imported by it, such
exemption to be subject to compliance with such conditions as the
Director of Commerce 2nd Industry may

D
prescribe for the protection of the revenue.

6. The Organization shall have 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.



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.





PART II.

REPRESENTATIVES.

8. (1) Except in so far as in any particular case any privilege or
immunity is waived by the Government of the member whom they
represent, representatives of members of the Organization on any of its
organs at meetings convened by it shall enjoy

(a)in respect of words spoken or written and all acts done by
them in their official capacity, the like immunity from suit and
legal process as is accorded to an envoy of a foreign power
accredited to Her Majesty;

(b)while exercising their functions and during their journeys to
and from the place of meeting, the like immunity from personal
arrest or detention and from seizure of their personal baggage
and the like inviolability for all papers and documents as is
accorded to an envoy of a foreign sovereign power accredited
to Her Majesty.

(2) Where the incidence of any form of taxation depends upon
residence, any period during which representatives of members of the
Organization on any of its organs at meetings convened by it are
present in Hong Kong for the exercise of their functions shall, for the
purpose of determining their liability to taxation, be treated as not being
a period of residence in Hong Kong.

(3) Part IV of the Schedule to the Act shall not operate so as to
confer any immunity or privilege on the official staff of representatives
of members of the Organization other than alternates, advisers, technical
experts and secretaries of delegations.

(4) Neither the provisions of the preceding paragraphs of this
Article nor those of Part IV of the Schedule to the Ordinance shall
operate so as to confer any immunity or privilege on any person as the
representative of Her Majesty's Government in Hong Kong or as a
member of the official staff of such a representative or on any person
who is citizen of the United Kingdom and Colonies

PART III.

OFFICERS.

9. Except in so far as in any particular case any privilege or
immunity is waived by the Organization, the Secretary General of the
Organization and the Secretary of the Maritime Safety Committee shall
be accorded the like immunity from suit and legal process, the like
inviolability of residence and the like exemption or relief from taxes,
other than income tax, as is accorded to an envoy of a foreign sovereign
power accredited to Her Majesty, and exemption from income tax in
respect of emoluments received by them as officers of the Organization:





Provided that, so long as the Headquarters of the Organization are
located in the territory of the United Kingdom or Colonies, the
provisions of this Article shall not apply to any person who is a citizen
of the _United Kingdom anti Colonies

10. Except in so far as in any particular case any privilege or
immunity is waived by the Organization, all officers of the Organization
with the exception of those who are recruited locally and assigned to
hourly rates 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 of the Organization.

PART IV.

EXPERTS.

11. (1) Except in so far as in any particular case any privilege or
immunity is waived by the Organization, experts (other than officers of
the Organization) who are members of any committee of the
Organization or who are employed on missions on behalf of the
Organization shall, so far as is necessary for the effective exercise of
their functions, enjoy

(a)in respect of words spoken or written and all acts done by
them in their official capacity, the like immunity from suit and
legal process as is accorded to an envoy of a foreign
sovereign power accredited to Her Majesty;

sovereign

(b)while exercising their functions and during their journeys in
connexion with service on such committees or missions, the
like immunity from personal arrest or detention and from
seizure of their personal baggage and the like inviolability for
all papers and documents relating to the work on which they
are engaged for the Organization as is accorded to an envoy
of a foreign sovereign power accredited to Her Majesty.

(2) Part IV of the Schedule to the Ordinance shall not operate so as
to confer any immunity or privilege on the official staff of experts to
whom the provisions of paragraph (1) of this Article apply.
(Cap. 190.)

(Cap. 190.)

https://oelawhk.lib.hku.hk/items/show/2803

1964

v13

190

3