Cap. 190 sub. leg. B

The Inter-Governmental Maritime Consultative Organization(Cap. 190, section 2)[23 December 1960](Format changes—E.R. 4 of 2021) (Words repealed 81 of 1999 s. 3) Part I The Organization 1. The Inter-governmental Maritime Consultative Organization (hereinafter referred to as the Organization) is an organization to which the Diplomatic Privileges Ordinance (Cap. 190) applies. 2. The Organization shall have the legal capacities 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. 3. The Organization shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of the 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) 4. The Organization 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. 5. The Organization 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) 6. The Organization shall have exemption from prohibitions and restrictions on importation or 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. 7. The Organization 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. Part II Representatives 8. (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) Part III Officers 9. Except in so far as in any particular case any privilege or immunity is waived by the Organization, the Secretary General of the Organization and the Secretary of the Maritime Safety Committee shall be accorded the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than income tax, as is accorded to an envoy of a foreign sovereign power accredited to the Government of the People’s Republic of China, and exemption from income tax in respect of emoluments received by them as officers of the Organization.(81 of 1999 s. 3) 10. Except in so far as in any particular case any privilege or immunity is waived by the Organization, all officers of the Organization with the exception of those who are recruited locally and assigned to hourly rates 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;(b) exemption from income tax in respect of emoluments received by them as officers of the Organization. Part IV Experts 11. (1) Except in so far as in any particular case any privilege or immunity is waived by the Organization, experts (other than officers of the Organization) who are members of any committee of the Organization or who are employed on missions on behalf of the Organization shall, so far as is necessary for the effective exercise of their functions, 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 sovereign 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 in connexion with service on such committees or missions, the like immunity from personal arrest or detention and from seizure of their personal baggage and the like inviolability for all papers and documents relating to the work on which they are engaged for the Organization 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) 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 experts to whom the provisions of paragraph (1) of this Article apply. (L.N. 184 of 1992)