TNAG-2964-FCO40-4243-Future-of-Hong-Kong-Consular-representation-of-European-Coun-1993 — Page 59

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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CAP. 190]

International Organizations and Diplomatic Privileges

[1977 Ed.

Diplomatic immunities of representatives attending international conferences.

(c) confer upon such other classes of officers and servants of the organization as may be specified in the notification, to such extent as may be so specified, the immunities and privileges set out in Part III of the First Schedule,

and Part IV of the First Schedule shall have effect for the purpose of extending to the staffs of such representatives and members as are mentioned in paragraph (b)(i) and to the families of officers of the organization any immunities and privileges conferred on the representatives, members or officers under that paragraph, except in so far as the operation of Part IV is excluded by the notification. conferring the immunities and privileges:

Provided that the notification shall be so framed as to secure that there are not conferred on any person any immunities or privileges greater in extent than those which, at the time of publica- tion of the notification, are required to be conferred on that person in order to give effect to any international agreement in that behalf. (Replaced, 3 of 1951, s. 2. Amended, 18 of 1970, s. 3)

(2) Where any question arises whether or not any person is entitled to any privilege or immunity conferred on any person by a notification under subsection (1), a certificate issued by the Chief Secretary stating any fact relating to the question shall be conclusive evidence of the fact. (Replaced, 56 of 1967, s. 2)

3. (1) Where a conference is held in the Colony and is attended by the representatives of Her Majesty's Government in the United Kingdom and the government or governments of one or more foreign sovereign powers, and it appears to the Governor that doubts may arise as to the extent to which the representatives of such foreign powers and members of their official staffs are entitled to diplomatic immunities, he may—

(a) compile a list of the persons aforesaid who are entitled to such immunities, and cause that list to be published in the Gazette; and

(b) whenever it appears to the Governor that any person ceases or begins to be entitled to such immunities, amend the list and cause a notification of amendment or, if he thinks fit, an amended list, to be published as aforesaid, and every representative of a foreign power who is for the time being included in the list shall, for the purposes of any enactment and rule of law or custom relating to the immunities of an envoy of a foreign power accredited to Her Majesty, and of the retinue of such an envoy, be treated as if he were such an envoy, and such of the members of his official staff as are for the time being included in the list shall be treated for the purpose aforesaid as if they were his retinue.

(2) Every list or notification published under subsection (1) in relation to any conference shall include a statement of the date

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