THE INTER-GOVERNMENTAL MARITIME CONSULTATIVE 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
(1) Except in so far as in any particular case any privilege or immunity is waived by the Government of the member whom they represent, representatives of members of the Organization on any of its organs at meetings convened by it shall enjoy-
(a) in respect of words spoken or written and all acts done by them in their official capacity, the like immunity from suit and legal process as is accorded to an envoy of a foreign power accredited to the Government of the People's Republic of China; (81 of 1999 s. 3)
(b) while exercising their functions and during their journeys to and from the place of meeting, the like immunity from personal arrest or detention and from seizure of their personal baggage and the like inviolability for all papers and documents as is accorded to an envoy of a foreign sovereign power accredited to the Government of the People's Republic of China. (81 of 1999 s. 3)
(2) Where the incidence of any form of taxation depends upon residence, any period during which representatives of members of the Organization on any of its organs at meetings convened by it are present in Hong Kong for the exercise of their functions shall, for the purpose of determining their liability to taxation, be treated as not being a period of residence in Hong Kong.
(3) Part IV of the First Schedule to the Ordinance shall not operate so as to confer any immunity or privilege on the official staff of representatives of members of the Organization other than alternates, advisers, technical experts and secretaries of delegations. (L.N. 184 of 1992)
(4) Neither the provisions of the preceding paragraphs of this Article nor those of Part IV of the First Schedule to the Ordinance shall operate so as to confer any immunity or privilege on any person as the representative of the Central People's Government in Hong Kong or as a member of the official staff of such a representative or on any person who is a Chinese national. (80 of 1982 s. 3; L.N. 184 of 1992; 81 of 1999 s. 3)