The Food and Agriculture Organization
[19 May 1950]
(Format changes—E.R. 4 of 2021)
(Words repealed 81 of 1999 s. 3)
The Food and Agriculture Organization (hereinafter referred to as the Organization) is an organization to which the Diplomatic Privileges Ordinance (Cap. 190) shall apply.
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.
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 the Government of the People’s Republic of China.
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.
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 the Commissioner of Customs and Excise may prescribe for the protection of the revenue. (40 of 1985 s. 10)
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.
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.
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 and, in the case of the Chairman of the Council of the Organization, by the Council of the Food and Agriculture Organization, representatives of member governments, and the Chairman of the Organization shall enjoy—
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;
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;
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 the Government of the People’s Republic of China, 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 Chinese nationals whose usual place of abode is in Hong Kong. (80 of 1982 s. 3; 81 of 1999 s. 3)
The provision of the preceding paragraph of this Article shall not confer any immunity or privilege upon any person as the representative of the Central People’s Government in Hong Kong or as a member of the staff of such a representative, or any person who is a Chinese national. (80 of 1982 s. 3; 81 of 1999 s. 3)
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 Director-General and 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 the Government of the People’s Republic of China, his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organization.
Except in so far as in any particular case any privilege or immunity is waived by the Organization, persons (other than officials of the Organization) serving on Committees of, or on behalf of the Organization shall enjoy—
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;
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.
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—
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;
exemption from income tax in respect of emoluments received by them as officers or servants of the Organization.