Cap. 190 sub. leg. C

The International Atomic Energy Agency(Cap. 190, section 2)[2 October 1964](Format changes—E.R. 4 of 2021) (Words repealed 81 of 1999 s. 3) Part I The Agency 1. The International Atomic Energy Agency (hereinafter referred to as the Agency) is an organization to which the Diplomatic Privileges Ordinance (Cap. 190) applies. 2. The Agency 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 Agency 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 Agency 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 Agency shall have exemption from taxes on the importation of goods directly imported by the Agency for its official use in Hong Kong or for exportation, or on the importation of any publications of the Agency 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 Agency shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Agency for its official use and in the case of any publications of the Agency directly imported or exported by it. 7. The Agency 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 immunity or privilege is waived by the Government of the member state whom he represents, a representative of a member state of the Agency 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 him in his 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 his functions and during his journeys to and from the place of meeting, the like immunity from personal arrest or detention and from seizure of his 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 a representative to whom this Article applies is present in Hong Kong for the exercise of his functions shall, for the purpose of determining his 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 members of the official staff of a representative to whom this Article applies 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 immunity or privilege is waived by the Agency the Director General of the Agency and four Deputy Directors General of the Agency shall enjoy 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 Agency:Provided that the provisions of this Article shall not apply to any person who is a Chinese national. (80 of 1982 s. 3)(81 of 1999 s. 3) 10. Except in so far as in any particular case any immunity or privilege is waived by the Agency, all members of the staff of the Agency except those who are locally recruited 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 Agency. Part IV Persons on Missions 11. (1) Except in so far as in any particular case any immunity or privilege is waived by the Agency, experts (other than officers of the Agency) who are members of any committee of the Agency or who are employed on missions on behalf of the Agency and officers of the Agency who are employed on missions as inspectors or project examiners on behalf of the Agency shall, so far as is necessary for the effective exercise of their functions, enjoy—(a) in respect of words spoken or written or acts done by them in the performance of their official duties, 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;(b) while exercising their functions and during their journeys in connexion with service on such committees or missions, 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;(c) 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 as is accorded to an envoy of a foreign sovereign power accredited to the Government of the People’s Republic of China: Provided that the provisions of this subparagraph shall not apply to any person who is a Chinese national. (80 of 1982 s. 3; 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 persons to whom the provisions of paragraph (1) of this Article apply. (L.N. 184 of 1992)