THE INTERNATIONAL LABOUR ORGANIZATION

THE INTERNATIONAL LABOUR ORGANIZATION

ERN, LABOUR 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 ORGANIZATION.

1. The International Labour Organization is an organization to
which the Diplomatic Privileges Ordinance shall apply.

2. The International Labour Organization shall have the legal 1
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 International Labour 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 International Labour 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 International Labour 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 conditions as the
Di Director of Commerce and Industry may prescribe for the protection
of the revenue.

6. The International Labour 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 International Labour Organization shall have the right to
avail itself, for telegraphic communications sent by it and containing
only matters 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: MEMBERS OF THE
GOVERNING BODY OF THE INTERNATIONAL LABOUR
OFFICE.

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 members and deputy members
of the Governing Body of the International Labour Office and their
substitutes, by the Governing Body, representatives of member
governments and the employers and workers' members and deputy
members of the Governing Body of the International Labour Office and
their substitutes 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 or as members of the Governing Body of the
International Labour Office, as the case may be;

(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 or during their journey to and from the

place of meeting. The provisions of this paragraph shall
0 c

not apply to The provisions usual place of abode
is in Hong Kong. subjects whose

(2) For the purpose of the application of the 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 a member
of the staff

.,,ff of such a representative or any person who
is a -and who is not the representative of a Govern-
men sty 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 International
Labour Organization holding the offices of DirectorGeneral, Deputy
Director-General and Assistant Director-General 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 is waived
by the Organization, persons (other than officials of the Organization)
serving on committees of, or employed on missions on behalf of the
International Labour 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 International Labour 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 International Labour 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 International Labour
Organization.
G.N.A. 100/50. (Cap. 190.)

G.N.A. 100/50. (Cap. 190.)

https://oelawhk.lib.hku.hk/items/show/2806

1964

v13

190

3