THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION
Gazette Number:
81 of 1999
Paragraph:
8
Heading:
Version Date:
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 81 of 1999 s. 3
B. REPRESENTATIVES OF MEMBERS: THE PRESIDENT OF THE CONFERENCE:
MEMBERS OF THE EXECUTIVE BOARD OF THE ORGANIZATION
(1) Except in so far as any privilege or immunity is waived, in the case of representatives of member governments, by the Governments whom they represent; in the case of the President of the Conference, by the Organization; and in the case of members of the Executive Board, by the Executive Board of the Organization; representatives of member governments, the President of the Conference of the Organization, and members of the Executive Board of the Organization 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 whilst exercising their functions and 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)
(2) For the purpose 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.
(3) The provisions of the preceding paragraphs of this Article shall not confer any immunity or privilege upon any person as the representative of the Central People's Government in Hong Kong or as a member of the staff of such a representative, or any person who is a Chinese national. (80 of 1982 s. 3; 81 of 1999 s. 3)