THE UNITED NATIONS

THE UNITED NATIONS

THE UNITED NATIONS.

(Cap. 190, section 2).

[19th November, 1948.]

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

PART 1.

THE UNITED NATIONS.

A. THE ORGANIZATION.

1. The United Nations set up by the Charter signed at San
Francisco on the 26th June, 1945, is an organization to which the
Diplomatic Privileges Ordinance shall apply.

2. The United Nations shall have the legal capacity 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 United Nations 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 United Nations 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 United Nations shall have exemption from taxes on the
importation of goods directly imported by the organization for its official
use in the Colony 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 and Industance may prescribe for the protection of the
revenue.

6. The United Nations shall have exemption from prohibitions and
restrictions on importation and 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 di directly imported or
exported by it.

7. The United Nations 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 the
Colony), of any reduced rates applicable for the corresponding service
in the case of press telegrams.





B. REPRESENTATIVES OF MEMBERS.

8. 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 General Assembly or to
any Council or other organ of the United Nations 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 the
Colony during any period when they are present in the
Colony while exercising their functions or during their journey
to and from the place of meeting. The provisions of this
paragraph shall not apply to British subjects whose usual
place of abode is in the Colony.

9. For the purposes 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.

C. HIGH OFFICIALS OF THE UNITED NATIONS.

10. Except in so far as in any particular case any privilege or
immunity is waived by the Secretary General or the Security Council of
the United Nations, the Secretary General and Assistant Secretaries
General of the United Nations (and not exceeding at one time six in
number) 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. They shall also
enjoy exemption from income tax in respect of emoluments received by
them as officers of the United Nations.





D. PERSONS EMPLOYED ON MISSIONS ON BEHALF OF THE
UNITED NATIONS.

11. Except in so far as in any particular case any privilege or
immunity is waived by the Secretary General of the United Nations,
persons employed on missions on behalf of the United Nations 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 the exercise of
these functions.

E. OTHER OFFICIALS OF THE UNITED NATIONS.

12. Except in so far as in any particular case any privilege or
immunity is waived by the Secretary General of the United Nations,
officials of the United Nations (other than those referred to in Article 10
above, and officials engaged locally and remunerated by payment
calculated by 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 United Nations.

PART II.

INTERNATIONAL COURT OF JUSTICE.

13. Except in so far as in any particular case any privilege
or immunity is waived by the Court, the judges and Registrar of
the International Court of Justice (including any officer of the
Court acting as Registrar) shall, when engaged on the business of
the Court and during any journey to and from the place where
the Court is sitting in connexion with such business, enjoy the like
immunity from suit and legal process, the like inviolability of
residence and also unless they arewhose usual
place of abode is in the Colony, the like exemption-or relief from
taxes as is accorded to an envoy of a foreign sovereign power
accredited to Her Majesty.

14. The judges and Registrar of the International Court of Justice
shall enjoy exemption from income tax in respect of all emoluments
received by them as judges or Registrar.





15. Except in so far as in any particular case any privilege or
immunity is waived by the government whom they represent before the
Court, the agents, counsel and advocates of parties before the Court
shall enjoy

(a)when engaged on their missions before the Court and during
their journeys to and from the place where the Court is sitting
in connexion with such missions, 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 this capacity;

(c)when engaged on their missions before the Court and during
their journeys to and from the place where the Court is sitting
in connexion with such mission, 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 or excise duties except in
respect of goods imported as part of their personal baggage.
They shall not, where incidence of any form of tax depends
upon residence, be deemed to be resident in the Colony
during any period when they are present in the Colony while
exercising these functions or during their journey to and from
the place of meeting. The provisions of this paragraph shall
not apply to British subjects

0 whose usual place of abode is in the Colony.

The provisions of this Article do not apply to any agents, counsel
or advocates acting on behalf of Her Majesty's Government in the
Colony or to any British subject acting on behalf of any other
Government except a Government of Her Majesty other than Her
Majesty's Government in the Colony.
G.N.A. 286/48. (Cap. 190.) See Cire. 28th April, 1948.

G.N.A. 286/48. (Cap. 190.) See Cire. 28th April, 1948.

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