THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

A ATIONAL CIVIL AVIATION ORGANIZATION.

(Cap. 190, section 2).

[19th May, 1950.]

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

A. THE ORGANIZATION.

1. The International Civil Aviation Organization set up under
Article 43 of the Convention on International Civil Aviation signed at
Chicago on 7th December, 1944 (hereafter 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 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 publications of the Organization directly imported by it,
such exemption to be subject to compliance with such conditions
as may 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 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 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.

8. (1) Except in so far as in any particular case any privilege or
immunity is waived by the member governments whom they represent,
representatives of member governments to the Assembly or to the
Council of the Organization or to any Commission (however named)
provided for in the Constitution of the Organization, or to any
Committee of such Assembly, Council or Commission 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 Hon. Kong 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 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 provisions of the preceding paragraphs 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 the
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, the Secretary-General
or the Deputy Secretary-General of the Organization and the
President of the Council of the Organization shall be 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 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 SERVING ON COMMITTEES OF OR EMPLOYED ON
MISSIONS ON BEHALF OF THE ORGANIZATION.

10. Except in so far as in any particular case any privilege
C
or immunity is waived by the Organization, persons (other than
officials of the Organization) serving on committees of, or employ-
ed on missions 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 these 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, 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; and

(b)exemption from income tax in respect of emoluments
received by them as officers or servants of the Organiza-
tion.
G.N.A. 102/50. G.N.A. 91/55. (Cap. 190.) G.N.A. 91/55.

G.N.A. 102/50. G.N.A. 91/55. (Cap. 190.) G.N.A. 91/55.

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