THE UNITED NATIONS - CHAPTER 190H THE UNITED NATIONS - LONG TITLE Empowering section VerDate:01/07/1997 Adaptation amendments retroactively made - see 81 of 1999 s. 3 (Cap 190, section 2) [19 November 1948] (G.N.A. 286 of 1948) (Words repealed 81 of 1999 s. 3) THE UNITED NATIONS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 190, section 2) [19 November 1948] (G.N.A. 286 of 1948) The Governor declares and provides and it is hereby declared and provided as follows- THE UNITED NATIONS - PARAGRAPH 1 VerDate:30/06/1997 PART I THE UNITED NATIONS A. THE ORGANIZATION The United Nations set up by the Charter signed at San Francisco on the 26th June, 1945, is an organization to which the Diplomatic Privileges Ordinance (Cap 190) shall apply. THE UNITED NATIONS - PARAGRAPH 2 VerDate:30/06/1997 The United Nations shall have the legal capacity 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 UNITED NATIONS - PARAGRAPH 3 VerDate:01/07/1997 Adaptation amendments retroactively made - see 81 of 1999 s. 3 The United Nations 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. (81 of 1999 s. 3) THE UNITED NATIONS - PARAGRAPH 3 VerDate:30/06/1997 The United Nations 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 Her Majesty. THE UNITED NATIONS - PARAGRAPH 4 VerDate:30/06/1997 The United Nations 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 UNITED NATIONS - PARAGRAPH 5 VerDate:01/07/1997 Adaptation amendments retroactively made - see 81 of 1999 s. 3 The United Nations 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 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; 81 of 1999 s. 3) THE UNITED NATIONS - PARAGRAPH 5 VerDate:30/06/1997 The United Nations shall have exemption from taxes on the importation of goods directly imported by the organization for its official use in the Colony or for exportation, or on the importation of any 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 UNITED NATIONS - PARAGRAPH 6 VerDate:30/06/1997 The United Nations shall have exemption from prohibitions and restrictions on importation and 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 UNITED NATIONS - PARAGRAPH 7 VerDate:01/07/1997 Adaptation amendments retroactively made - see 81 of 1999 s. 3 The United Nations 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. (81 of 1999 s. 3) THE UNITED NATIONS - PARAGRAPH 7 VerDate:30/06/1997 The United Nations 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 the Colony), of any reduced rates applicable for the corresponding service in the case of press telegrams. THE UNITED NATIONS - PARAGRAPH 8 VerDate:01/07/1997 Adaptation amendments retroactively made - see 81 of 1999 s. 3 B. REPRESENTATIVES OF MEMBERS Except in so far as in any particular case any privilege or immunity is waived by the member governments whom they represent, representatives of member governments to the General Assembly or to any Council or other organ of the United Nations shall enjoy- (a) 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; (b) 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; (c) 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 while exercising their functions or 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 UNITED NATIONS - PARAGRAPH 8 VerDate:30/06/1997 B. REPRESENTATIVES OF MEMBERS Except in so far as in any particular case any privilege or immunity is waived by the member governments whom they represent, representatives of member governments to the General Assembly or to any Council or other organ of the United Nations shall enjoy- (a) 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; (b) 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; (c) 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 Her Majesty, 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 the Colony during any period when they are present in the Colony while exercising their functions or during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to British citizens, British Dependent Territories citizens or British Overseas citizens whose usual place of abode is in the Colony. (80 of 1982 s. 3) THE UNITED NATIONS - PARAGRAPH 9 VerDate:30/06/1997 For the purposes of the application of this Order, the expression "representatives of member governments" (成員政府代表) shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations. "representatives of member governments" (成員政府代表) THE UNITED NATIONS - PARAGRAPH 10 VerDate:01/07/1997 Adaptation amendments retroactively made - see 81 of 1999 s. 3 C. HIGH OFFICIALS OF THE UNITED NATIONS Except in so far as in any particular case any privilege or immunity is waived by the Secretary General or the Security Council of the United Nations, the Secretary General and Assistant Secretaries General of the United Nations (and not exceeding at one time six in number) 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. They shall also enjoy exemption from income tax in respect of emoluments received by them as officers of the United Nations. (81 of 1999 s. 3) THE UNITED NATIONS - PARAGRAPH 10 VerDate:30/06/1997 C. HIGH OFFICIALS OF THE UNITED NATIONS Except in so far as in any particular case any privilege or immunity is waived by the Secretary General or the Security Council of the United Nations, the Secretary General and Assistant Secretaries General of the United Nations (and not exceeding at one time six in number) 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 Her Majesty, his spouse and children. They shall also enjoy exemption from income tax in respect of emoluments received by them as officers of the United Nations. THE UNITED NATIONS - PARAGRAPH 11 VerDate:30/06/1997 D. PERSONS EMPLOYED ON MISSIONS ON BEHALF OF THE UNITED NATIONS Except in so far as in any particular case any privilege or immunity is waived by the Secretary General of the United Nations, persons employed on missions on behalf of the United Nations shall enjoy- (a) 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; (b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of these functions. THE UNITED NATIONS - PARAGRAPH 12 VerDate:30/06/1997 E. OTHER OFFICIALS OF THE UNITED NATIONS Except in so far as in any particular case any privilege or immunity is waived by the Secretary General of the United Nations, officials of the United Nations (other than those referred to in Article 10 above, and officials engaged locally and remunerated by payment calculated by the number of hours worked) shall enjoy- (a) 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; and (b) exemption from income tax in respect of emoluments received by them as officers or servants of the United Nations. THE UNITED NATIONS - PARAGRAPH 13 VerDate:01/07/1997 Adaptation amendments retroactively made - see 81 of 1999 s. 3 PART II INTERNATIONAL COURT OF JUSTICE Except in so far as in any particular case any privilege or immunity is waived by the Court, the judges and Registrar of the International Court of Justice (including any officer of the Court acting as Registrar) shall, when engaged on the business of the Court and during any journey to and from the place where the Court is sitting in connection with such business, enjoy the like immunity from suit and legal process, the like inviolability of residence and also unless they are Chinese nationals whose usual place of abode is in Hong Kong, 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. (80 of 1982 s. 3; 81 of 1999 s. 3) THE UNITED NATIONS - PARAGRAPH 13 VerDate:30/06/1997 PART II INTERNATIONAL COURT OF JUSTICE Except in so far as in any particular case any privilege or immunity is waived by the Court, the judges and Registrar of the International Court of Justice (including any officer of the Court acting as Registrar) shall, when engaged on the business of the Court and during any journey to and from the place where the Court is sitting in connection with such business, enjoy the like immunity from suit and legal process, the like inviolability of residence and also unless they are British citizens, British Dependent Territories citizens or British Overseas citizens whose usual place of abode is in the Colony, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Her Majesty. (80 of 1982 s. 3) THE UNITED NATIONS - PARAGRAPH 14 VerDate:30/06/1997 The judges and Registrar of the International Court of Justice shall enjoy exemption from income tax in respect of all emoluments received by them as judges or Registrar. THE UNITED NATIONS - PARAGRAPH 15 VerDate:01/07/1997 Adaptation amendments retroactively made - see 81 of 1999 s. 3 Except in so far as in any particular case any privilege or immunity is waived by the government whom they represent before the Court, the agents, counsel and advocates of parties before the Court shall enjoy- (a) when engaged on their missions before the Court and during their journeys to and from the place where the Court is sitting in connection with such missions, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents; (b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in this capacity; (c) when engaged on their missions before the Court and during their journeys to and from the place where the Court is sitting in connection with such mission, 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 or excise duties except in respect of goods imported as part of their personal baggage. They shall not, where incidence of any form of tax depends upon residence, be deemed to be resident in Hong Kong during any period when they are present in Hong Kong while exercising these functions or during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to a Chinese national whose usual place of abode is in Hong Kong. (80 of 1982 s. 3; 81 of 1999 s. 3) The provisions of this Article do not apply to any agents, counsel or advocates acting on behalf of the Central People's Government in Hong Kong or to any Chinese national acting on behalf of any other Government. (80 of 1982 s. 3; 81 of 1999 s. 3) THE UNITED NATIONS - PARAGRAPH 15 VerDate:30/06/1997 Except in so far as in any particular case any privilege or immunity is waived by the government whom they represent before the Court, the agents, counsel and advocates of parties before the Court shall enjoy- (a) when engaged on their missions before the Court and during their journeys to and from the place where the Court is sitting in connection with such missions, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents; (b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in this capacity; (c) when engaged on their missions before the Court and during their journeys to and from the place where the Court is sitting in connection with such mission, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Her Majesty, save that the relief allowed shall not include relief from customs or excise duties except in respect of goods imported as part of their personal baggage. They shall not, where incidence of any form of tax depends upon residence, be deemed to be resident in the Colony during any period when they are present in the Colony while exercising these functions or during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to British citizens, British Dependent Territories citizens or British Overseas citizens whose usual place of abode is in the Colony. (80 of 1982 s. 3) The provisions of this Article do not apply to any agents, counsel or advocates acting on behalf of Her Majesty's Government in the Colony or to any British citizen, British Dependent Territories citizen or British Overseas citizen acting on behalf of any other Government except a Government of Her Majesty other than Her Majesty's Government in the Colony. (80 of 1982 s. 3)