INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ORDINANCE - CHAPTER 558 INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ORDINANCE - LONG TITLE Long title VerDate: 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 for matters connected therewith and incidental thereto. [The Ordinance, (other than sections 6(a), 7(a), 9(a), 10, 11, 12, 13 and 14) } 7 April 2000 L.N. 83 of 2000] (Originally 17 of 2000) INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ORDINANCE - SECT 1 Short title VerDate:07/04/2000 (1) This Ordinance may be cited as the International Organizations (Privileges and Immunities) Ordinance. (2) (Omitted as spent) INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ORDINANCE - SECT 2 Interpretation VerDate:07/04/2000 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. "international agreement" (國際協議) "international organization" (國際組織) INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ORDINANCE - SECT 3 Provisions of international agreements to have the force of law VerDate:07/04/2000 The Chief Executive in Council may- (a) by order in the Gazette, declare that the provisions of an international agreement relating to the status, privileges and immunities of an international organization and of persons connected with such organization, and which are specified in the order, shall have the force of law in Hong Kong; and (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 in connection with such privileges and immunities. INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ORDINANCE - SECT 4 Evidence VerDate:07/04/2000 (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). INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ORDINANCE - SECT 5 Application of national laws VerDate:07/04/2000 (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 (L.N. 379 of 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 (L.N. 386 of 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. INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ORDINANCE - SECT 6 Consequential Amendments VerDate:07/04/2000 section 6(a) not yet in operation Dutiable Commodities Regulations 6. Exemptions 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) INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ORDINANCE - SECT 7 Consequential Amendments VerDate:07/04/2000 section 7(a) not yet in operation Dutiable Commodities Regulations 7. Refund of duty on goods supplied for consular etc. use Regulation 15 is amended- (a) by repealing "International Organizations and"; (b) (Omitted as spent) INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ORDINANCE - SECT 8 (Omitted as spent) VerDate:07/04/2000 (Omitted as spent) INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ORDINANCE - SECT 9 Consequential Amendments VerDate:07/04/2000 section 9(a) not yet in operation Air Passenger Departure Tax Ordinance 9. Passengers exempted from liability to pay the tax 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) INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ORDINANCE - SECT 10 Consequential Amendments VerDate: not yet in operation International Organizations and Diplomatic Privileges Ordinance 10. Long title amended The long title to the International Organizations and Diplomatic Privileges Ordinance (Cap 190) is amended by repealing everything from "international" to "and other". INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ORDINANCE - SECT 11 Consequential Amendments VerDate: not yet in operation International Organizations and Diplomatic Privileges Ordinance 11. Short title Section 1 is amended by repealing "International Organizations and". INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ORDINANCE - SECT 12 Consequential Amendments VerDate: not yet in operation International Organizations and Diplomatic Privileges Ordinance 12. Privileges, immunities and capacities of certain international organizations and their staffs Section 2 is repealed. INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ORDINANCE - SECT 13 Consequential Amendments VerDate: not yet in operation International Organizations and Diplomatic Privileges Ordinance 13. Schedule repealed The First Schedule is repealed. INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ORDINANCE - SECT 14 (Repealed 14 of 2003 s. 24) VerDate:09/05/2003 INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ORDINANCE - SECT 14 Consequential Amendments VerDate: Consular Relations Ordinance 14. Application of Vienna Convention Section 2(3) of the Consular Relations Ordinance (Cap 259) is amended- (a) by repealing "International Organizations and"; (b) by adding "or the International Organizations (Privileges and Immunities) Ordinance (Cap 558)" after "(Cap 190)".