Cap. 402 《特權及豁免權(紅十字國際委員會)條例》Privileges and Immunities (International Committee of the Red Cross) Ordinance

生效中
版本日期: 2019-04-11

To grant privileges and immunities in Hong Kong to the International Committee of the Red Cross and its delegates, and for connected purposes.

[14 July 1989]

(Format changes—E.R. 1 of 2019)

1. Short title

This Ordinance may be cited as the Privileges and Immunities (International Committee of the Red Cross) Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires—

committee (委員會) means the International Committee of the Red Cross; delegate (代表) means a person appointed by the International Committee of the Red Cross as a member of its regional delegation in Hong Kong.

3. Privileges and immunities

(1)

The committee has the privileges and immunities set out in Schedule 1.

(2)

A delegate has the privileges and immunities set out in Schedule 2.

4. Evidence

Where a question arises as to whether or not a person is entitled to a privilege or immunity under this Ordinance, a certificate issued by the Chief Secretary for Administration stating a fact relevant to that question is conclusive evidence of that fact.

(Amended L.N. 362 of 1997)

Schedule 1 — Privileges and Immunities of the Committee

[s. 3]

1.

The committee is immune from suit and legal process for things done or omitted to be done in the course of the performance of official duties.

2.

The committee’s archives, documents and premises occupied as offices are inviolable.

3.

The committee’s premises occupied as offices and residences of delegates are exempt from taxes and rates, but the exemption does not affect the liability of any other person to pay taxes or rates in relation to those premises.

4.

The committee is exempt from duties and taxes on the importation of goods directly imported by it for its official use in Hong Kong or for exportation, or on the importation of its publications directly imported by it, subject to compliance with conditions that the Commissioner of Customs and Excise may prescribe for the protection of revenue.

5.

The committee is exempt from prohibitions and restrictions on importation or exportation of goods directly imported or exported by it for its official use and of its publications directly imported or exported by it.

Schedule 2 — Privileges and Immunities of a Delegate

[s. 3]

1.

(1)

A delegate is immune from suit and legal process for things done or omitted to be done in the course of the performance of official duties.

(2)

Subparagraph (1) does not apply in the case of a civil action by a third party for damages arising from a traffic accident in Hong Kong.

2.

A delegate is exempt from salaries tax for emoluments received as a delegate of the committee.