THE ASIAN DEVELOPMENT BANK

THE ASIAN DEVELOPMENT BANK

THE ASIAN DEVELOPMENT BANK

(Cap. 190, section

[25th April, 1969.]

His Excellency the Governor hereby declares and provides as
follows

PART 1

THE ORGANIZATION

1. The Asian Development Bank (hereinafter referred to as the
Organization) is an organization to which the Ordinance applies.

2. The Organization shall have the legal capacities of a body
corporate.

3. The Organization shall have immunity from suit and legal
process except

(a)in respect of any proceedings (other than proceedings
brought against the Organization by any member, any agency
or instrumentality of a member, or any person directly or
indirectly acting for or deriving claims from a member or from
any agency or instrumentality of a member) arising out of or in
connexion with the exercise of its powers to borrow money,
guarantee obligations, or buy, sell or underwrite the sale of
securities;

(b)to the extent that the Organization shall have expressly waived
such immunity in a particular case;

(c)in respect of a civil action by a third party for damages arising
from an accident caused by a motor vehicle belonging to, or
operated on behalf of, the Organization, or in respect of a
motor traffic offence involving such a vehicle.

4. The Organization shall have in Hong Kong the like inviolability
of official archives as is accorded in the United Kingdom in respect of
the official archives of an envoy of a foreign sovereign power accredited
to Her Majesty. Premises in Hong Kong occupied by the Organization
as its offices shall be immune from search, requisition, confiscation,
expropriation or any other form of taking or foreclosure.

5. The Organization shall have in Hong Kong the like exemption or
relief from taxes and rates, other than taxes on the importation of goods,
as is accorded in the United Kingdom to a foreign sovereign power.





6. 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 the Director of
Commerce and industry may specify for the protection of the general
revenue of Hong Kong.

7. 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 publications of the Organization directly imported or
exported by it.

8. 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 despatched from places outside Hong
Kong), of any reduced rates applicable for the corresponding service in
the case of press telegrams.

PART 11

OFFICERS AND EXPERTS

9. Except in so far as in any particular case any privilege or
immunity is waived by the Organization, any Governor, Director,
alternate, officer and servant of the Organization and any expert
performing a mission for the Bank shall enjoy in Hong Kong

(a)immunity from suit and legal process in respect of acts,
including words written or spoken, done or omitted to be done
by him in the course of the performance of official duties,
except in the case of a motor traffic offence committed by him
or in the case of damage caused by a motor vehicle belonging
to or driven by him;

(b)exemption from income tax in respect of emoluments received
by him as an officer of the Organization.

https://oelawhk.lib.hku.hk/items/show/2813

1964

v13

190

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