Cap. 190 sub. leg. D

The International Civil Aviation Organization(Cap. 190, section 2)[19 May 1950](Format changes—E.R. 4 of 2021) (Words repealed 81 of 1999 s. 3)A. The Organization 1. The International Civil Aviation Organization set up under Article 43 of the Convention on International Civil Aviation signed at Chicago on 7th December, 1944 (hereafter referred to as the Organization) is an organization to which the Diplomatic Privileges Ordinance (Cap. 190) shall apply. 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 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 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 publication 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.B. Representatives of Members 8. (1) Except in so far as in any particular case any privilege or immunity is waived by the member governments whom they represent, representatives of member governments to the Assembly or to the Council of the Organization or to any Commission (however named) provided for in the Constitution of the Organization, or to any Committee of such Assembly, Council or Commission shall enjoy— (G.N.A. 91 of 1955)(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 or 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)C. High Officials 9. Except in so far as in any particular case any privilege or immunity is waived by the Organization, the Secretary-General or the Deputy Secretary-General of the Organization and the President of the Council of the Organization shall be accorded in respect of themselves, their spouses and children under the age of twenty-one, the like immunity from suit and legal process, the like inviolability of residence and 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, his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organization.(81 of 1999 s. 3)D. Persons Serving on Committees of or Employed onMissions on behalf of the Organization 10. Except in so far as in any particular case any privilege or immunity is waived by the Organization, persons (other than officials of the Organization) serving on committees of, or employed on missions on behalf 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 of all papers and documents relating to the work of the Organization; (b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of these functions. Such immunity shall continue notwithstanding that the persons concerned are no longer employed on missions on behalf of the Organization.E. Other Officials of the Organization 11. Except in so far as in any particular case any privilege or immunity is waived by the Organization, officials of the Organization (other than those referred to in Article 9 above or officials engaged locally and remunerated by payment calculated on the number of hours worked) 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; and(b) exemption from income tax in respect of emoluments received by them as officers or servants of the Organization.