Cap. 558 《國際組織(特權及豁免權)條例》International Organizations (Privileges and Immunities) Ordinance

生效中
版本日期: 2022-12-09
Cap. 557I
Cap. 558A
附屬法例 (17)

An Ordinance to make provision for the implementation in Hong Kong of the privileges and immunities of international organizations and of persons connected with such organizations under international agreements, and the privileges and immunities of bodies concerned in the establishment of international organizations and of persons connected with such bodies under arrangements between the Ministry of Foreign Affairs of the Central People’s Government and the Government of the Hong Kong Special Administrative Region, and for matters connected therewith and incidental thereto.(Amended 14 of 2022 s. 3)

[7 April 2000] L.N. 83 of 2000

(Format changes—E.R. 5 of 2022)

(Enacting provision omitted—E.R. 5 of 2022)

1. Short title and commencement

(1)

This Ordinance may be cited as the International Organizations (Privileges and Immunities) Ordinance.

(2)

This Ordinance shall come into operation on a day to be appointed by the Chief Secretary for Administration by notice in the Gazette.

2. Interpretation

In this Ordinance, unless the context otherwise requires—

international agreement (國際協議) means any agreement in writing or that agreement as amended from time to time, whether contained in one or more documents and by whatever name called, which has effect in international law and—(a)to which Hong Kong is a party; or(b)which is applied to Hong Kong by the Central People’s Government of the People’s Republic of China; international organization (國際組織) means an organization in relation to which there is an international agreement providing for it or for persons connected with it or both to enjoy privileges and immunities in Hong Kong.

3. Provisions of certain agreements or arrangements to have force of law

(Amended 14 of 2022 s. 4)

The Chief Executive in Council may—

(a)

by order published in the Gazette, declare that the provisions of—

(i)

an international agreement relating to the status, privileges and immunities of an international organization and of persons connected with such an organization; or

(ii)

an arrangement in writing that is entered into between the Ministry of Foreign Affairs and the Government of the Hong Kong Special Administrative Region relating to the status, privileges and immunities of a body concerned in the establishment of an international organization and of persons connected with such a body,

that are specified in the order have the force of law in Hong Kong; and (Replaced 14 of 2022 s. 4)

(b)

in such order make such provisions as the Chief Executive in Council may consider necessary for carrying into effect the provisions of any such agreement or arrangement in connection with such privileges and immunities. (Amended 14 of 2022 s. 4)

4. Evidence

(1)

Where a question arises as to whether or not a person is entitled to a privilege or immunity under an order made under section 3, a certificate issued by the Chief Secretary for Administration stating a fact relevant to that question is, subject to subsection (2), conclusive evidence of that fact.

(2)

Where there is any conflict or inconsistency as respects a question of fact between—

(a)

a certificate issued under subsection (1); and

(b)

a certificate obtained under the third paragraph of Article 19 of the Basic Law,

then the second-mentioned certificate shall, to the extent of that conflict or inconsistency, as the case may be, prevail over the certificate issued under subsection (1).

5. Application of national laws

(1)

Nothing in this Ordinance or an order made under section 3 shall prejudice the operation of—

(a)

the Regulations of the People’s Republic of China Concerning Diplomatic Privileges and Immunities in Schedule 5 to the Promulgation of National Laws 1997 ; or

(b)

the Regulations of the People’s Republic of China Concerning Consular Privileges and Immunities in Schedule 3 to the Promulgation of National Laws (No. 2) 1997 .

(2)

If there is any conflict or inconsistency between—

(a)

a provision of this Ordinance or of an order made under section 3; and

(b)

the Regulations referred to in subsection (1),

then that provision shall be construed subject to the Regulations and shall be so construed as to be consistent with the international rights and obligations of the Central People’s Government of the People’s Republic of China.

Editorial Note:
See Instrument A402.
See Instrument A403.

Consequential AmendmentsDutiable Commodities Regulations

6. Exemptions

(Section 6(a) is not yet in operation.)

Regulation 12(1)(m) of the Dutiable Commodities Regulations (Cap. 109 sub. leg. A) is amended—

(a)

by repealing “International Organizations and”;

(b)

(Omitted as spent—E.R. 5 of 2022)

7. Refund of duty on goods supplied for consular etc. use

(Section 7(a) is not yet in operation.)

Regulation 15 is amended—

(a)

by repealing “International Organizations and”;

(b)

(Omitted as spent—E.R. 5 of 2022)

8. (Omitted as spent—E.R. 5 of 2022)

Air Passenger Departure Tax Ordinance

9. Passengers exempted from liability to pay the tax

(Section 9(a) not yet in operation)

The Second Schedule to the Air Passenger Departure Tax Ordinance (Cap. 140) is amended in paragraph 7—

(a)

by repealing “International Organizations and”;

(b)

(Omitted as spent—E.R. 5 of 2022)

International Organizations and Diplomatic Privileges Ordinance

10. Long title amended

(Not yet in operation)

The long title to the International Organizations and Diplomatic Privileges Ordinance (Cap. 190) is amended by repealing everything from “international” to “and other”.

11. Short title

(Not yet in operation)

Section 1 is amended by repealing “International Organizations and”.

12. Privileges, immunities and capacities of certain international organizations and their staffs

(Not yet in operation)

Section 2 is repealed.

13. Schedule repealed

(Not yet in operation)

The First Schedule is repealed.

14. (Repealed 14 of 2003 s. 24)