1969-HKRS30-8-59_Part02 — Page 54

DIPLOMATIC PRIVILEGES ORDINANCE. (Chapter 190).

NOTIFICATION UNDER SECTION 2.

WHEREAS Her Majesty has by Order in Council made under section 1 of the International Organizations (Immunities and Privileges) Act, 1950 declared the Asian Development Bank to be an organization of which Her Majesty's Government in the United Kingdom and foreign sovereign powers are members:

NOW THEREFORE, in exercise of the powers conferred by section 2 of the Diplomatic Privileges Ordinance, His Excellency the Governor hereby declares and provides as follows-

GS.I. 1966/1017).

CL950 e. 14).

(Cmp. 190.)

PART I

THE ORGANIZATION.

J. The Asian Development Bank (hereinafter referred to sa the Organization) is an organization to which the Ordinance applies.

1. The Organization shall have the legal capacities of a body corporate.

3. The Organization shall have immunity from suit and legal process except-

(a) in respect of any proceedings (other than proceedings brought against the Organization by any member, any aponey or instru- mentality of a member, or any person directly or indirectly acting for or deriving claims from a member or from any agency or Instrumentality of a member) arising out of or in connexion with the exercise of its powers to borrow money, guarantee obligations, or buy, sell or underwrite the sale of securities;

(b) to the extent that the Organization aball bave expressly waived

such immunity in a particular case;

(e) in respect of a civil action by a third party for damages arising from an accident caused by a motor vehicle belonging to, or operated on behalf of, the Organization, or in respect of a motor traffic offence involving such a vehicle.

The Organization shall have in Hong Kong the like inviolability of official archives as is accorded in the United Kingdom in respect of the official archives of an envoy of a foreign sovereign power accredited to Her Majesty. Premises in Hong Kong occupied by the Organization as its offices shall be immune from search, requisition, confiscation, expropriation or any other form of taking or foreclosure.

5.

The Organization shall have in Hong Kong the like exemption or relief from taxes and rates, other than taxes on the importation of goods, us is accorded in the United Kingdom to a foreign sovereign power.