1955-HKRS30-8-45_Part03 — Page 50

AND WHEREAS Her Majesty's Government in the United Kingdom applied the provisions of the said Convention to the International Telecommunication Union by Order in Council made on the 4th day of November, 1954, under the International Organizations (Immunities and Privileges) Act, 1950, by which said Order it was declared that the International Telecommunica- tion Union is an Organization of which Her Majesty's Govern- ment in the United Kingdom and the governments of foreign sovereign Powers are members:

NOW, THEREFORE, in exercise of the powers conferred by (Cap. 190). section 2 of the Diplomatic Privileges Ordinance His Excellency

the Governor hereby declares and provides as follows:-

A. THE ORGANIZATION.

1. The International Telecommunication Union (hereinafter referred to as the Organization) is an organization to which the (Cap. 190). Diplomatic Privileges Ordinance 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 official archives and premises of an envoy of a foreign sovereign Power accredited to Her Majesty.

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.

6. 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 Director of Commerce and Industry may prescribe for the protection of the Revenue.

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,

T. 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 despatched from places outside Hong Kong), of any reduced rates applicable for the corresponding service in the case of press telegrams.

B. RepreseNTATIVES, OTHER THAN REPRESENTATIVES OF HER MAJESTY'S GOVERNMENT IN THE COLONY, ON ORGANS OR COMMITTEES OF THE ORGANIZATION,

8. (1) Except in so far as in any particular case any privilege or immunity is waived by the Governments whom they represent, representatives of members at the World Meteorological Congress, on the Executive Committee, at regional associations, on technical commissions, or on any committee of any of thesc bodies shall enjoy :

(a) While exercising their functions as such and during their journeys 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.

(8) Immunity from legal process of every kind in respect of words spoken or written and things done or omitted to be done by them in their capacity as representatives. (2) Where the incidence of any form of taxation depends upon residence, representatives shall not be deemed to be resident in Honk Kong during any period when they are present in Hong Kong for the discharge of their duties.