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1977 Ed.]

International Organizations and Diplomatic Privileges

[CAP. 190

3

from which the list or amendment takes or took effect; and the fact that any person is or was included or not included at any time among the persons entitled to diplomatic immunities as representa- tives attending the conference or as members of the official staff of any such representative may, if a list of those persons has been so published, be conclusively proved by producing the Gazette con- taining the list or, as the case may be, the last list taking effect before that time, together with the Gazette (if any) containing notices of the amendments taking effect before that time, and by showing that the name of that person is or was at that time included or not included in the said list.

4. (1) The Governor may, by notification in the Gazette, confer on judges and registrars of the International Court, and on suitors to that Court, and their agents, counsel and advocates, such immunities, privileges and facilities as may be required to give effect to any resolution of, or convention approved by, the General Assembly of the United Nations.

(2) In this section, the expression "the International Court" means the International Court of Justice set up under the Charter of the United Nations.

(Replaced, 3 of 1951, s. 3)

5. Nothing in the foregoing provisions shall be construed as precluding the Governor from declining to accord immunities or privileges to, or from withdrawing immunities or privileges from, nationals or representatives of any power on the ground that that power is failing to accord corresponding immunities or privileges to British nationals or representatives.

6. Notwithstanding any provision to the contrary contained in the law applicable to the Colony, the law and custom relating to the immunities and privileges as to person, property or servants of sovereigns, diplomatic agents, or the representatives of foreign powers for the time being in force in England shall, in so far as the same is applicable mutatis mutandis, have effect and be enforced in the Colony.

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;

(b) a citizen of a country mentioned in section 1(3) 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—

Immunities and privileges of judges of and suitors to, the International Court of Justice.

Reciprocal treatment.

Law of Colony relating to privileges of sovereigns and others assimilated to the law of England.

Immunities and privileges of officers of the Commonwealth Secretariat. (1948, c. 36.)

Second Schedule.

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