||Title:||INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) (INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT AND INTERNATIONAL FINANCE CORPORATION) ORDER||Gazette Number:||L.N. 118 of 2008|
|Schedule:||4||Heading:||PROVISIONS OF 1947 CONVENTION HAVING FORCE OF LAW IN HONG KONG||Version Date:||18/07/2008|
Article I¡XDefinitions and Scope
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 III¡XProperty, Funds and Assets
... 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.
The archives of the specialized agencies, and in general all documents belonging to them or held by them, shall be inviolable, wherever located.
The specialized agencies, their assets, income and other property shall be:
(c) Exempt from duties and prohibitions and restrictions on imports and exports in respect of their publications.
Article IV¡XFacilities in respect of Communications
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.
Article V¡XRepresentatives of Members
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.
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.
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.
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.
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.
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.
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.
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.
Article X¡XAnnexes and Application to Individual Specialized Agencies
The provisions of the Convention in relation to any specialized agency must be interpreted in the light of the functions with which that agency is entrusted by its constitutional instrument.