International Organizations (Privileges and Immunities) (United Nations and Associated Personnel) Order
(Enacting provision omitted—E.R. 1 of 2020)
[30 November 2007] L.N. 139 of 2007
(Format changes—E.R. 1 of 2020)
(Omitted as spent—E.R. 1 of 2020)
In this Order—
associated personnel (有關人員) means—(a)persons assigned by a government or an intergovernmental organization with the agreement of a competent organ of the United Nations;(b)persons engaged by the Secretary-General of the United Nations or by a specialized agency or by the International Atomic Energy Agency; and(c)persons deployed by a humanitarian non-governmental organization or agency under an agreement with the Secretary-General of the United Nations or with a specialized agency or with the International Atomic Energy Agency, to carry out activities in support of the fulfilment of the mandate of a United Nations operation; Convention (《公約》) means the Convention on the Safety of United Nations and Associated Personnel done at New York on 9 December 1994; United Nations operation (聯合國行動) means an operation established by a competent organ of the United Nations in accordance with the Charter of the United Nations and conducted under the authority and control of the United Nations—(a)where the operation is for the purpose of maintaining or restoring international peace and security; or(b)where the Security Council of the United Nations or the General Assembly of the United Nations has declared, for the purposes of the Convention, that there exists an exceptional risk to the safety of the personnel participating in the operation, but does not include any operation which is authorized by the Security Council of the United Nations as an enforcement action under Chapter VII of the Charter of the United Nations, in which any of the personnel are engaged as combatants against organized armed forces and to which the law of international armed conflict applies; United Nations personnel (聯合國人員) means—(a)persons engaged or deployed by the Secretary-General of the United Nations as members of the military, police or civilian components of a United Nations operation; and(b)other officials and experts on mission of the United Nations or its specialized agencies or the International Atomic Energy Agency who are present in an official capacity in the area where a United Nations operation is being conducted.Article 8 of the Convention, as set out in the Schedule, has the force of law in Hong Kong.
Except as otherwise provided in an applicable status-of-forces agreement, if United Nations or associated personnel are captured or detained in the course of the performance of their duties and their identification has been established, they shall not be subjected to interrogation and they shall be promptly released and returned to United Nations or other appropriate authorities. Pending their release such personnel shall be treated in accordance with universally recognized standards of human rights and the principles and spirit of the Geneva Conventions of 1949.