1970-HKRS29-8-37_Part01 — Page 55

Addition of new section 7

2

4. The principal Ordinance is amended by adding the fol- lowing new section after section 6-

*Immunities and privi- leges of officers of the Com-

monwealth

Secretarial

01 & 12 Gen. 6. c. 56.)

Second Soledade.

7. (1) The Governor may, by notification in the Gazette, confer upon any person who satisfies him that he is-

(a) a senior officer of the Commonwealth

Secretariat:

(8) a citizen of a country mentioned in sub- section (3) of section 1 of the British Nationality Act 1948; and

(c) permanently resident outside Hong Kong, and upon any member of his family, the immunities and privileges specified in Part I of the Second Schedule.

(2) The Governor may, by notification in the Gazette, confer upon any person who satisfies him that he is-

(a) an officer or servant of the Commonwealth

Secretariat other than a senior officer; and (b) a citizen of a country mentioned in subsec- tion (3) of section I of the British Nationality Act 1948.

the immunities and privileges specified in Part II of the Second Schedule.

(3) Any immunity or privilege conferred by the Governor on any person by notification in the Gazette under subsection (1) or (2) may be waived by the Secretary-General of the Commonwealth Secretariat or by any person for the time being exercising his fanctions.

(4) Where any question arises whether or not a person is entitled to any immunity or privilege con- ferred by the Governor on any person by notification in the Gazette under subsection (1) or (2), a certificate issued by the Colonial Secretary stating any fact relat- ing to the question shall be conclusive evidence of the fact.

(5) For the purposes of this section—

(a) "the Commonwealth Secretariat" means the Commonwealth Secretariat established at the Commonwealth Prime Ministers' Meeting of June 1965; and

5.

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(b) "senior officer", in relation to the Common- wealth Secretariat, means say officer of the Secretarial recognized by a Secretary of State as being a senior officer of the Secretariat.",

The principal Ordinance is amended by adding the fol- lowing after the First Schedule-

"SECOND SCHEDULE.

PART L

IMMONITIES AND PRIVILEGES of Sentor Officers

OF THE COMMONWEALTH SECRETARIAT,

(*. 7.1

1. Every senior officer of the Commonwealth Secretariat and any member of his family forming part of his household, other than a member who is a citizen only of the United Kingdom and Colonies, shall, ( permattently resident outside Hong Kong, have the like privileges and immunities as are accorded by Inw in the United Kingdom to a diplomatic agcal and the members of his family forming part of his household, except that any such person shall not be exempt from liability for salaries tax in respect of any valacy or emoluments payable to him by the Secretarial.

2. Every senior officer of the Commonwealth Secretarial and any member of his family forming part of his household, other than a member who is a citizen only of the United Kingdom and Colonies, shall be exempt from all duties and charges payable under the Road Traffic Ordinance, the Motor Vehicles (Firat Registration Tax) Ordinance and the Commonwealth Preference (Motor Vehicles) Ordinance.

PART II

IMMUNITIES AND PRIVOPORs or OfficerS AND SERVANTS OF THE COMMONWEALTH SECRETARIAT OTHER THAN SENIOR OFFICERS.

1. Every officer and servant of the Commonwealth Secretariat other than a senior officer shall have-

(a) immunity from suit and legal process in respect of acts or omissions of his in the course of the performance of official duties, except immunity from suit and legal process in respect of a civil action for damage alleged to have been caused by a motor vehicle belonging to or driven by him, or in respect of a motor traffic offence involving such a vehicle; and

(b) the like inviolability for all his official papers and documents as is accorded by law in the United Kingdom to the diplomatic agent of a sending State.

1. Every officer and servant of the Commonwealth Secretariat other than a senior officer shall, if ordinarily resident outside Hong Kong immediately before taking up his post with the Secretarial, be exempt from--

(4) duties on the importation, on the occasion of his first taking up

that post, of personal household effects; and

Addition of new Second Schedule.

(Cup. 220.)

(Cap. 330.)

Cap. 47)