Hong Kong Regulations

INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) (WORLD TRADE ORGANIZATION) ORDER - SCHEDULE SCHEDULE

[section 3]

PROVISIONS OF 1947 CONVENTION HAVING FORCE OF LAW IN HONG KONG

Article I—Definitions and Scope

Section 1

In this Convention:

...

        (iv)	For the purposes of article III, the words "property and 
assets" shall also include property and funds administered by a specialized
agency in furtherance of its constitutional functions.

        (v)    For the purposes of articles V ..., the expression

"representatives of members" shall be deemed to include all representatives,
alternates, advisers, technical experts and secretaries of delegations.

        (vi)	In sections 13, 14, 15 ..., the expression "meetings convened 
by a specialized agency" means meetings: (1) of its assembly and of its
executive body (however designated), and (2) of any commission provided for in
its constitution; (3) of any international conference convened by it; and (4)
of any committee of any of these bodies.

        (vii)	The term "executive head" means the principal executive 
official of the specialized agency in question, whether designated

"Director-General" or otherwise.

...

Article II—Juridical Personality

Section 3

The specialized agencies shall possess juridical personality. They shall have
the capacity (a) to contract, (b) to acquire and dispose of immovable and
movable property, (c) to institute legal proceedings.

Article III—Property, Funds and Assets

Section 4

The specialized agencies, their property and assets, wherever located and by
whomsoever held, shall enjoy immunity from every form of legal process except
in so far as in any particular case they have expressly waived their immunity.
It is, however, understood that no waiver of immunity shall extend to any
measure of execution.

Section 5

The premises of the specialized agencies shall be inviolable. The property 
and assets of the specialized agencies, wherever located and by whomsoever
held, shall be immune from search, requisition, confiscation, expropriation
and any other form of interference, whether by executive, administrative,
judicial or legislative action.

Section 6

The archives of the specialized agencies, and in general all documents
belonging to them or held by them, shall be inviolable, wherever located.

...

Section 9

The specialized agencies, their assets, income and other property shall be:

   (a)  Exempt from all direct taxes; it is understood, however, that the
        specialized agencies will not claim exemption from taxes which are, in
        fact, no more than charges for public utility services;

   (b)  Exempt from customs duties and prohibitions and restrictions on
        imports and exports in respect of articles imported or exported by the
        specialized agencies for their official use; it is understood,
        however, that articles imported under such exemption will not be sold
        in the country into which they were imported except under conditions
        agreed to with the Government of that country;

   (c)  Exempt from duties and prohibitions and restrictions on imports and
        exports in respect of their publications.

...

Article IV—Facilities in respect of Communications

Section 11

Each specialized agency shall enjoy, in the territory of each State party to
this Convention in respect of that agency, for its official communications,
treatment not less favourable than that accorded by the 
Government of such State to any other Government, including the latter's
diplomatic mission in the matter of priorities, rates and taxes on mails,
cables, telegrams, radiograms, telephotos, telephone and other communications,
and press rates for information to the press and radio.

Section 12

No censorship shall be applied to the official correspondence and other
official communications of the specialized agencies.

The specialized agencies shall have the right to use codes and to dispatch and
receive correspondence by courier or in sealed bags, which shall have the same
immunities and privileges as diplomatic couriers and bags.

Nothing in this section shall be construed to preclude the adoption of
appropriate security precautions to be determined by agreement between a State
party to this Convention and a specialized agency.

Article V—Representatives of Members

Section 13

Representatives of members at meetings convened by a specialized agency shall,
while exercising their functions and during their journeys to and from the
place of meeting, enjoy the following privileges and immunities:

   (a)  Immunity from personal arrest or detention and from seizure of their
        personal baggage, and in respect of words spoken or written and all
        acts done by them in their official capacity, immunity from legal
        process of every kind;

   (b)  Inviolability for all papers and documents;

   (c)  The right to use codes and to receive papers or correspondence by
        courier or in sealed bags;

...

   (f)  The same immunities and facilities in respect of their personal
        baggage as are accorded to members of comparable rank of diplomatic
        missions.

Section 14

In order to secure for the representatives of members of the specialized
agencies at meetings convened by them complete freedom of speech and complete
independence in the discharge of their duties, the immunity from legal process
in respect of words spoken or written and all acts done by them in discharging
their duties shall continue to be accorded, notwithstanding that the persons
concerned are no longer engaged in the discharge of such duties.

Section 15

Where the incidence of any form of taxation depends upon residence, periods
during which the representatives of members of the specialized agencies at
meetings convened by them are present in a member State for the discharge of
their duties shall not be considered as periods of residence.

Section 16

Privileges and immunities are accorded to the representatives of members, not
for the personal benefit of the individuals themselves, but in order to
safeguard the independent exercise of their functions in connexion with the
specialized agencies. Consequently, a member not only has the right but is
under a duty to waive the immunity of its representatives in any case where,
in the opinion of the member, the immunity would impede the course of justice,
and where it can be waived without prejudice to the purpose for which the
immunity is accorded.

Section 17

The provisions of sections 13, 14 and 15 are not applicable in relation to the
authorities of a State of which the person is a national or of which he is or
has been a representative.

Article VI—Officials

...

Section 19

Officials of the specialized agencies shall:

   (a)  Be immune from legal process in respect of words spoken or written and
        all acts performed by them in their official capacity;

   (b)  Enjoy the same exemptions from taxation in respect of the salaries and
        emoluments paid to them by the specialized agencies and on the same
        conditions as are enjoyed by officials of the United Nations;

...

   (f)  Have the right to import free of duty their furniture and effects at
        the time of first taking up their post in the country in question.

...

Section 21

In addition to the immunities and privileges specified in sections 19 ..., the
executive head of each specialized agency, including any official acting on
his behalf during his absence from duty, shall be accorded in respect of
himself, his spouse and minor children, the privileges and immunities,
exemptions and facilities accorded to diplomatic envoys, in accordance with
international law.

Section 22

Privileges and immunities are granted to officials in the interests of the
specialized agencies only and not for the personal benefit of the individuals
themselves. Each specialized agency shall have the right and the duty to waive
the immunity of any official in any case where, in its opinion, the immunity
would impede the course of justice and can be waived without prejudice to the
interests of the specialized agency.

...

"property and assets"

"representatives of members"

"meetings convened by a specialized agency"

"executive head"