The International Telecommunications Satellite Organization Notification
(Enacting provision omitted—E.R. 1 of 2015)
[28 July 1995]
(Format changes—E.R. 4 of 2021)
For the purposes of this Notification, the official activities of the International Telecommunications Satellite Organization (hereinafter referred to as the Organization) means its activities carried out in pursuance of its objectives as defined in the Agreement relating to the International Telecommunications Satellite Organization “INTELSAT” (with Operating Agreement), opened for signature at Washington on 20 August 1971, and includes its administrative activities.
The Organization is an organization to which section 2 of the Ordinance applies.
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 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 Organization shall have 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.
The Organization shall have exemption form 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 publication 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.
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 publication 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 in any particular case any privilege or immunity is waived by the Governments of members or associate members whom they represent, representatives of members and associate members to the Assembly of Parties, the Meeting of Signatories and the Board of Governors or to any conference, meeting or other organ of the Organization shall enjoy—
while exercising their functions as such and during their journeys 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 suit and legal process of every kind in respect of words spoken or written and things done or omitted to be done by them in their capacity as representatives.
Where the incidence of any form of taxation depends upon residence, representatives shall not be deemed to be resident in Hong Kong during any period when they are present in Hong Kong for the discharge of their duties.
The provision of the preceding paragraphs of this Article shall not confer any immunity or privilege on any person as the representative of the Central People’s Government in Hong Kong or as a member of the staff of such representative or on any person who is a Chinese national. (81 of 1999 s. 3)
Except in so far as in any particular case any privilege or immunity is waived by the Organization, the Director General shall be accorded in respect of himself, his spouse and his children under the age of 21 the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than income tax, 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, his spouse and children, and 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, officials of the Organization of any category specified by it shall enjoy—
immunity from suit and legal process in respect of words spoken or written and things done or omitted to be 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.