THE WORLD HEALTH ORGANIZATION

THE WORLD HEALTH ORGANIZATION

'E WORLD HEALTH ORGANIZATION.

L A (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 World Health Organization is an organization to
which the Diplomatic Privileges Ordinance shall apply.

2. The World Health 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 World Health 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 World Health 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 World Health 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 the of :-and- industry
may prescribe for the protection of the revenue.

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

7. The World Health Organization shall have the right to
avail itself, for telegraphic communications sent by it and con-
taining only matter intended for publication by the press or for
broadcasting (including communications addressed to or dis-
patched from places outside Hong Kong) of any reduced rates
applicable for the corresponding service in the case of press
telegrams.





B. REPRESENTATIVES OF MEMBERS AND OF THE EXECUTIVE
BOARD OF THE WORLD HEALTH ORGANIZATION.

8. (1) Except in so far as in any particular case any privilege or
immunity is waived, in the case of representatives of member
Governments, by the member Governments whom they represent,
representatives of the Governments of Associate Members of the
Organization and in the case of persons designated to serve on the
Executive Board of the World Health Organization and their alternates
and advisers, by the Executive Board, representatives of member
Governments and persons designated to serve on the Executive Board
of the Organization and their alternates and advisers 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.,

(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
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 para-
graph shall not apply British subjects whose usual
place of abode is in Hong Kong-

(2) For the purposes of the application of this Order. the
expressions 'representatives of member governments' and
'representatives of the Governments of Associate Members of the
Organization' 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 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 World Health Organization, officers of the
Organization holding the offices of Director-General or Deputy 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, and they shall also
enjoy exemption from income tax in respect of emoluments received by
them as officers of the World Health 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 or
immunity is waived by the World Health Organization, persons (other
than officials of the Organization) serving on committees of. or
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 person concemed is 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 World Health
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 and servants of the World Health
Organization.
G.N.A. 104/50. G.N.A. 17/56. (Cap. 190.) G.N.A. 17/56. G.N.A. 17/56.

G.N.A. 104/50. G.N.A. 17/56. (Cap. 190.) G.N.A. 17/56. G.N.A. 17/56.

https://oelawhk.lib.hku.hk/items/show/2811

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