THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION

THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION

THE

UNITED NATIONS EDUCATIONAL, SCIENTIFIC
AND CULTURAL 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 United Nations Educational, Scientific and Cultural
Organization (hereinafter 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 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
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 of the publications of the Organization directly imported by it, such
exemption to be subject to compliance with

such conditions as th Commerce 2 may

and Industry
prescribe for the pro venue.

6. The Organization shall have exemption from prohibitions and
restrictions on the 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.

B. REPRESENTATIVES OF MEMBERS: THE PRESIDENT OF THE
CONFERENCE: MEMBERS OF THE EXECUTIVE BOARD
OF THE ORGANIZATION.

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; in the case of the President of the Conference, by
the Organization; and in the case of members of the Executive Board, by
the Executive Board of the Organization; representatives of member
governments, the President of the Conference of the Organization, and
members of the Executive Board 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 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 Hong
Kong during any period when they are present in Hong Kong
whilst exercising their functions and 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 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 aBritish subject and who is not the representative of a Government of
Her Majesty 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 Organization
holding the offices of Secretary General and Deputy Secretary 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 EMPLOYED ON MISSIONS ON BEHALF OF THE
ORGANIZATION.

10. Except in so far as in any particular case any privilege or
immunity is waived by the Organization, persons employed 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
their 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, 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 Organization.
G.N.A. 108/50. (Cap. 190.)

G.N.A. 108/50. (Cap. 190.)

https://oelawhk.lib.hku.hk/items/show/2809

1964

v13

190

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