THE INTERNATIONAL ATOMIC ENERGY AGENCY

THE INTERNATIONAL ATOMIC ENERGY AGENCY

INTERNATIONAL ATOMIC ENERGY AGENCY.

(Cap. 190, section 2).

[2nd October, 1964.]

His Excellency the Governor hereby declares and provides as
follows

PART 1.

THE AGENCY.

1. The International Atomic Energy Agency (hereinafter referred to
as the Agency) is an organization to which the Diplomatic Privileges
Ordinance applies.

2. The Agency 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 Agency 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 Agency 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 Agency shall have exemption from taxes on the importation
of goods directly imported by the Agency for its official use in Hong
Kong or for exportation, or on the importation of any publications of the
Agency directly imported by it, such exemption to be subject to
compliance with such conditions as the and industry may prescribe for
the protection of the revenue.

6. The Agency shall have exemption from prohibitions and
restrictions on importation or exportation in the case of goods directly
imported or exported by the Agency for its official use and in the case of
any publications of the Agency directly imported or exported by it.

7. The Agency shall have the right to avail itself, for tele

hic communications sent by it and containing only matter graphic

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 IL

REPRESENTATIVES.

8. (1) Except in so far as in any particular case any immunity or
privilege is waived by the Government of the member state whom he
represents, a representative of a member state of the Agency 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 him
in his 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,

(b)while exercising his functions and during his journeys to and
from the place of meeting, the like immunity from personal
arrest or detention and from seizure of his 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 a representative to whom this
Article applies is present in Hong Kong for the exercise of his functions
shall, for the purpose of determining his liability to taxation, be treated
as not being a period of residence in Hong Kong.

(3) Part IV of the Schedule to the Ordinance shall not operate so as
to confer any immunity or privilege on members of the official staff of a
representative to whom this Article applies 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 a citizen of the United Kingdom and. Colonies

PART III.

OFFICERS.

9. Except in so far as in any particular case any immunity or
privilege is waived by the Agency the Director General of the Agency
and four Deputy Directors General of the Agency shall enjoy 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 Agency:





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10. Except in so far as in any particular case any immunity or
privilege is waived by the Agency, all members of the staff of the
Agency except those who are locally recruited 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 Agency.

PART IV.

PERSONS ON MISSIONS.

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

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

(b)while exercising their functions and during their journeys in
connexion with service on such committees or missions, the
like inviolability for all papers and documents as is accorded
to an envoy of a foreign sovereign power accredited to Her
Majesty,

(c)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 as is accorded to an envoy
of a foreign sovereign power accredited to Her Majesty:

Provided that the provisions of this sub-paragraph

shall not apply to any person who is a citizen of the
United Kingdom and Colonies.

(2) Part IV of the Schedule to the Ordinance shall not operate so as
to confer any immunity or privilege on the official stag of persons to
whom the provisions of paragraph (1) of this Article

apply.
L.N. 148/64. (Cap. 190.)

L.N. 148/64. (Cap. 190.)

https://oelawhk.lib.hku.hk/items/show/2804

1964

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