To make provision as to privileges, immunities and facilities to be accorded in respect of certain international organizations and in respect of persons connected with such organizations and other persons; to apply to Hong Kong the international custom for the time being recognized by the People’s Republic of China relating to immunities and privileges as to the person, property or servants of sovereigns, diplomatic agents or the representatives of sovereign powers; and for matters connected therewith and incidental thereto.
(Replaced 64 of 1977 s. 2. Amended 81 of 1999 s. 3)
[29 October 1948]
(Format changes——E.R. 6 of 2019)
This Ordinance may be cited as the International Organizations and Diplomatic Privileges Ordinance.
(Amended 64 of 1977 s. 3)
The Chief Executive may, by notification in the Gazette, declare that this section shall apply to any organization specified in the notification of which the Government or Governments of one or more sovereign powers are members and of which the Government of Hong Kong or of the People’s Republic of China is a member or an associate member, and may in like manner— (Amended 64 of 1977 s. 4; 81 of 1999 s. 3)
provide that any organization to which this section applies (hereinafter referred to as the organization) shall, to such extent as may be specified in the notification, have the immunities and privileges set out in Part I of the First Schedule, and shall also have the legal capacities of a body corporate;
confer upon—
any persons who are representatives (whether of governments or not) on any organ of the organization or are members of any committee of the organization or of an organ thereof;
such number of officers of the organization as may be specified in the notification, being holders of such high offices in the organization as may be so specified; and
such persons employed on missions on behalf of the organization as may be so specified,
to such extent as may be specified in the notification, the immunities and privileges set out in Part II of the First Schedule;
confer upon such other classes of officers and servants of the organization as may be specified in the notification, to such extent as may be so specified, the immunities and privileges set out in Part III of the First Schedule,
and Part IV of the First Schedule shall have effect for the purpose of extending to the staffs of such representatives and members as are mentioned in paragraph (b)(i) and to the families of officers of the organization any immunities and privileges conferred on the representatives, members or officers under that paragraph, except in so far as the operation of Part IV is excluded by the notification conferring the immunities and privileges:
Provided that the notification shall be so framed as to secure that there are not conferred on any person any immunities or privileges greater in extent than those which, at the time of publication of the notification, are required to be conferred on that person in order to give effect to any international agreement in that behalf. (Replaced 3 of 1951 s. 2. Amended 18 of 1970 s. 3)
Where any question arises whether or not any person is entitled to any privilege or immunity conferred on any person by a notification under subsection (1), a certificate issued by the Chief Secretary for Administration stating any fact relating to the question shall be conclusive evidence of the fact. (Replaced 56 of 1967 s. 2. Amended L.N. 362 of 1997)
Where a conference is held in Hong Kong and is attended by the representatives of the Central People’s Government and the government or governments of one or more foreign sovereign powers, and it appears to the Chief Executive that doubts may arise as to the extent to which the representatives of such foreign powers and members of their official staffs are entitled to diplomatic immunities, he may—
compile a list of the persons aforesaid who are entitled to such immunities, and cause that list to be published in the Gazette; and
whenever it appears to the Chief Executive that any person ceases or begins to be entitled to such immunities, amend the list and cause a notification of amendment or, if he thinks fit, an amended list, to be published as aforesaid,
and every representative of a foreign power who is for the time being included in the list shall, for the purposes of any enactment and rule of law or custom relating to the immunities of an envoy of a foreign power accredited to the Government of the People’s Republic of China, and of the retinue of such an envoy, be treated as if he were such an envoy, and such of the members of his official staff as are for the time being included in the list shall be treated for the purpose aforesaid as if they were his retinue. (Amended 81 of 1999 s. 3)
Every list or notification published under subsection (1) in relation to any conference shall include a statement of the date from which the list or amendment takes or took effect; and the fact that any person is or was included or not included at any time among the persons entitled to diplomatic immunities as representatives attending the conference or as members of the official staff of any such representative may, if a list of those persons has been so published, be conclusively proved by producing the Gazette containing the list or, as the case may be, the last list taking effect before that time, together with the Gazette (if any) containing notices of the amendments taking effect before that time, and by showing that the name of that person is or was at that time included or not included in the said list.
The Chief Executive may, by notification in the Gazette, confer on judges and registrars of the International Court, and on suitors to that Court, and their agents, counsel and advocates, such immunities, privileges and facilities as may be required to give effect to any resolution of, or convention approved by, the General Assembly of the United Nations. (Amended 81 of 1999 s. 3)
(Replaced 3 of 1951 s. 3)
Nothing in the foregoing provisions shall be construed as precluding the Chief Executive from declining to accord immunities or privileges to, or from withdrawing immunities or privileges from, nationals or representatives of any power on the ground that that power is failing to accord corresponding immunities or privileges to Chinese nationals or representatives.
(Amended 81 of 1999 s. 3)
Notwithstanding any provision to the contrary contained in any Ordinance, the international custom relating to the immunities and privileges as to person, property or servants of sovereigns, diplomatic agents, or the representatives of foreign powers for the time being recognized by the People’s Republic of China shall, in so far as the same is applicable mutatis mutandis, have effect in Hong Kong.
(Amended 81 of 1999 s. 3)
(Repealed 81 of 1999 s. 3)
Immunity from suit and legal process.
The like inviolability of official archives and premises occupied as offices as is accorded in the People’s Republic of China in respect of the official archives and premises of an envoy of a foreign sovereign power accredited to the Government of the People’s Republic of China.
The like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded in the People’s Republic of China to a foreign sovereign power.
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 Commissioner of Customs and Excise may prescribe for the protection of the revenue. (Amended 40 of 1985 s. 10)
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.
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.
(Amended 81 of 1999 s. 3)
(Replaced 3 of 1951 s. 4)
The like immunity from suit and legal process as is accorded in the People’s Republic of China to an envoy of a foreign sovereign power accredited to the Government of the People’s Republic of China. (Amended 81 of 1999 s. 3)
The like inviolability of residence as is accorded to such an envoy.
The like exemption or relief from taxes as is accorded to such an envoy.
Immunity from suit and legal process in respect of things done or omitted to be done in the course of the performance of official duties.
Exemption from income tax in respect of emoluments received as an officer or servant of the organization.
(Replaced 3 of 1951 s. 4)
Where any person is entitled to any such immunities and privileges as are mentioned in Part II as a representative on any organ of the organization or a member of any committee of the organization or of an organ thereof, his official staff accompanying him as such a representative or member shall also be entitled to those immunities and privileges to the same extent as the retinue of an envoy of a foreign sovereign power accredited to the Government of the People’s Republic of China is entitled in the People’s Republic of China to the immunities and privileges accorded to the envoy. (Amended 3 of 1951 s. 4)
Where any person is entitled to any such immunities and privileges as are mentioned in Part II as an officer of the organization, that person’s wife or husband and children under the age of twenty-one shall also be entitled to those immunities and privileges to the same extent as the wife or husband and children of an envoy of a foreign sovereign power accredited to the Government of the People’s Republic of China are entitled in the People’s Republic of China to the immunities and privileges accorded to the envoy.
(Amended 81 of 1999 s. 3)
(Repealed 81 of 1999 s. 3)